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ARTICLE I
PRELIMINARY PROVISIONS
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Section 101. Short Title.-This act shall be
known and may be cited as "The Second Class Township Code."
Section 102. Definitions.-The following words, terms and
phrases, as used in this act shall have the following meanings, unless the
context clearly indicates otherwise:
"Census" or "official census," the latest United States
Census Bureau population count resulting from a decennial or special census
conducted by the United States Census Bureau.
"Highway" or "State highway," any highway, road or street
which qualifies as a State highway or a portion of the rural State highway
system as provided in section 102 of the act of June 1, 1945 (P.L. 1242, No.
428), known as the "State Highway Law."
"Municipal corporation," any city, borough, incorporated
town, township of the second class, township of the first class or home rule
municipality, except home rule counties.
"Road" or "public road," the entire width between the
boundary lines of every way, street, lane, alley, court or public square
maintained by the township which is open to the use of the public for purposes
of vehicular travel.
"Township," a township of the second class.
Section 103. Excluded Provisions.--(a) This act does not
repeal any acts relating to:
(1) 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.
(2) The method of incurring or increasing indebtedness.
(3) Election officers and conduct of elections.
(4) Public schools and school districts.
(5) Constables.
(6) District justices.
(7) State highways and private roads.
(8) Validations of elections, bonds, ordinances and acts of corporate officers.
(9) Free nonsectarian libraries.
(10) Intergovernmental cooperation.
(11) Planning and land use.
(12) Public meetings.
(13) Inspection of records.
(14) Ethics of elected officers and employes.
(15) The levy or collection of taxes under general law.
(b) It is the intention that this act shall furnish a complete and exclusive
system for the government and regulation of townships except as to the several
matters enumerated in subsection (a).
Section 104. Construction of Act Generally.-The provisions
of this act, insofar as they are the same as those of existing laws, are
intended as a continuation of those laws and not as new enactments. The repeal
by this act of any State law or part thereof does not revive any act or part
thereof previously repealed or superseded The provisions of this act do 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 any repealed laws.
Section 105. Constitutional Construction.-The provisions of
this act are severable, and, if any of the provisions are held to be
unconstitutional, that decision shall not affect the validity of any of the
remaining provisions of this act. It is the legislative intent that this act
would have been adopted had the unconstitutional provision not been included.
Section 106. Construction of References.-When, in this act,
reference is made to any act by title, it includes any codification in which the
provisions of the act referred to are substantially reenacted.
Section 107. How Act Applies.-This act shall apply to all
townships of the second class as now exist and those created, established or
reestablished after this act takes effect.
Section 108. Saving Clauses When Class of Township
Changed.-When any township of the second class is reestablished as a township of
the first class or when any 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 punish any
offense committed before the change of class and all resolutions, rules and
regulations shall continue with the same force and effect as if no change had
been made.
Section 109. Legal Advertising.-When notice is required to
be published by a township in one or more newspapers, unless otherwise
specified, publication shall be made in the legal notice section in a newspaper
of general circulation in the township, as defined by 45 Pa.C. S. (relating to
legal notices). When 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, the notice shall also be published in the
legal newspaper of the county, if any, so designated by the rules of court.
Auditors' statements, summaries of auditors' statements, notices of public
meetings and hearings, notices of budget proposals, ordinances, lists of
delinquent taxpayers and advertisements inviting proposals for public contracts
and for bids for materials and supplies shall be published only in newspapers of
general circulation.
ARTICLE II CLASSIFICATION, CREATION,
REESTABLISHMENT AND CHANGE OF NAME OF TOWNSHIPS
Section 201. Classification of Townships.-The
townships now in existence and those to be created after this act takes effect
are divided into two classes, townships of the first class and townships of the
second class. Townships of the first class are those having a population of at
least three hundred inhabitants to the square mile, which are now established as
townships of the first class, or which may be created townships of the first
class under laws relating to townships of the first class. All townships that
are not townships of the first class or home rule townships are townships of the
second class. A change from one class to the other shall be made only under this
act or the laws relating to townships of the first class.
Section 202. Reestablishment of Townships.-A township of the
first class may, irrespective of population, be reestablished a township of the
second class in the following manner:
(1) The board of commissioners of the township of the first 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 first class shall,
pass a resolution and record it on its minutes, submitting the question of
whether the township of the first class shall be reestablished as a township of
the second class to the electors of the township of the first class.
(2) At the next primary, general or municipal election occurring at least ninety
days after the passage of the resolution, the question, whether the 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 place the question of reestablishment as a township of the second class on
the ballot under the election laws of this Commonwealth.
(3) The election officers shall compute the votes cast at the election and
certify them to the county board of elections, which shall compute them and
certify the result to the county commissioners and the board of commissioners of
the township of the first class and to the clerk of the court of common pleas.
If a majority of the votes cast at the election are in favor of the
reestablishment of the township of the first class as a township of the second
class, the government of the township of the second class shall be organized and
become effective on the first Monday of January after the election, when the
terms of the officers of the township of the first class shall cease, and the
officers appointed by the court for the township under section 205 shall take
office. If a majority of the votes cast at the election are in favor of
remaining a township of the first class, no further proceedings shall be
initiated for a period of two years from the date of the election.
Section 203. Creation of Townships by Annulment of Charter
of Borough. - Townships of the second class may be created by the annulment of a
charter of a borough under laws governing boroughs.
Section 204. Classification of New Townships.-When a new
township is created either by consolidation of two or more townships or
reestablishment of a township of the first class as a township or by annulment
of a charter of a borough, the new township shall be classified as a township of
the second class.
Section 205. Appointment and Election of Officers of New
Townships.- When a new township results from the consolidation of townships or
is created as a result of the annulment of a charter of a borough or when a
township of the first class is reestablished as a township of the second class,
the court of common pleas shall appoint the elective officers for the new
township and determine the polling place or places in the new township. The
appointed officers shall hold their offices until the first Monday of January
after the next municipal election which occurs at least ninety days after the
appointments. At the municipal election, an assessor in those counties where
assessors are elected and a tax collector shall be elected for regular four-year
terms if the election occurs in the year when those officers are elected for
regular terms, and, if not, they shall be elected for terms of two years each
and their successors shall be elected for four-year terms. At the first
municipal election, one supervisor and one auditor shall be elected for terms of
six years each, one supervisor and one auditor for terms of four years each, and
one supervisor and one auditor for terms of two years each. All officers shall
take office on the first Monday of January after their election.
Section 206. Certificates of Clerk of Court; Fee;
Penalty.--(a) When a township of the second class results from the consolidation
of two or more townships or is created or reestablished, the clerk of the court
of common pleas within thirty days shall certify the action to the Department of
Community Affairs and the Department of Transportation. The clerk may charge a
fee of three dollars and fifty cents ($3.50) to be paid as part of the costs of
the proceedings.
(b) A clerk who fails to furnish the certifications, or either of them, shall,
upon conviction thereof, in a summary proceeding, be sentenced to pay a fine of
not more than fifty dollars ($50) and, in default of the payment of the fine and
costs, undergo imprisonment of not more than ten days.
Section 207. Change of Name of Township.-(a) Upon petition
to the court of common pleas of at least ten percent of the electors of a
township or upon passage of a resolution by the board of supervisors 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 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 sixty days after the
court order.
(c) The election officers shall compute the votes cast on the question and
certify them to the clerk of the court of common pleas, who shall tabulate them
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.
ARTICLE III TOWNSHIP LINES AND BOUNDARIES
Section 301. Stream Boundaries.-When any
township is bounded by the nearest margin of any navigable stream and the
opposite municipal corporation is also bounded by the nearest margin of the same
stream, the middle of the stream is the boundary between the township and the
opposite municipal corporation. This section does not repeal any local or
special law.
Section 302. Ascertainment of Boundaries.--(a)
The courts of common pleas may upon the presentation of a petition: (1) require
the lines or boundaries of townships to be ascertained and
(2) ascertain disputed lines and boundaries between two or more townships or
between townships and any municipal corporation.
(b) When any petition is presented, the court may require the petitioners to
file a bond in a sufficient sum to secure the payment of all costs of the
proceeding.
Section 303. Petition to Court; Commissioners'
Report.-Upon application by petition, the court shall appoint three impartial
citizens as commissioners, One of whom shall be a registered surveyor or
engineer, to inquire into the request of the petition. After giving notice to
parties interested as directed by the court, the commissioners shall hold a
hearing and view the lines or boundaries; and they shall make a plot or draft of
the lines and boundaries proposed to be ascertained and established if they
cannot be fully designated by natural lines or boundaries. The commissioners
shall make a report to the court, together with their recommendations. Upon the
filing of the report it shall be confirmed nisi, and the court may require
notice to be given by the petitioners to the parties interested.
Section 304. Exceptions and
Procedure.-Exceptions to the report may be filed by any interested person or
municipal corporation or school district within thirty days after the filing of
the report, and the court shall set a day for the hearing of the exception.
Notice of the hearing shall be given as the court may direct. After hearing, the
court may sustain the exceptions or dismiss them and confirm the report or refer
the report back to the same or new 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. When any report is
confirmed absolutely, the court shall enter a decree establishing the lines and
boundaries as shown in the report.
Section 305. Costs.-The compensation and
expenses of commissioners appointed to ascertain and establish township lines
shall be in the amount approved by the court. The court shall ascertain how the
costs of the proceeding, including the furnishing and placing of markers, shall
be paid and may assess them against the petitioners, any affected township or
municipal corporations and school districts affected.
Section 306. Adjustment of Indebtedness.-When
the boundaries of any 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 307. Adjustment for Costs or Values of
Improvements.- (a) When the boundaries of any townships have been ascertained
and established or when an annexation procedure is consummated with the result
that a portion of a township is determined to be within the boundaries of
another municipal corporation the township shall be paid by the municipal
corporation the following costs or value of improvements located within the
portion of the township affected:
(1) The value of all improvements to roads by the township within five years.
(2) The cost of sanitary sewer systems constructed by the township within
fifteen years.
(3) The value of public buildings and all improvements other than roads and
sewers.
(b) All costs or values shall be paid within one year after the final
confirmation by the court or before the completion of the annexation process.
This section does not apply to the cost of any road, sanitary sewer systems or
facilities which have been assessed against the real property within the
affected territory.
(c) If any present indebtedness of the township losing the affected area exists
by reason of any improvements located in the affected area and the municipal
corporation gaining the affected area assumes a portion of the indebtedness, any
payment on account of the indebtedness shall be a credit to the municipal
corporation gaining the affected area on account of the cost of the improvement.
(d) When an amicable settlement cannot be made on the amount to be paid under
this section, the court of common pleas, upon application by any one of the
municipal corporations involved, shall determine the amount to be paid.
ARTICLE IV
ELECTION OF OFFICERS; VACANCIES IN OFFICE
Section 401. Township Officers to be Electors.-No person is
eligible for the office of supervisor, assessor, auditor or tax collector in any
township unless that person is an elector of the township.
Section 402. Officers to be Elected.--(a) Except as
provided in subsection (b), the electors of each township shall elect three
supervisors, one assessor in those counties in which assessors are elected,
three auditors and one tax collector. No person shall at the same time hold
more than one elective township office.
(b) Upon petition of at least five percent of the electors of the township or
under a resolution of the board of supervisors and upon approval by a majority
of those electors voting at the next municipal or general election, there
shall be elected two additional supervisors. The referendum petition or
resolution of the board of supervisors certified by the township secretary
shall be filed with the county board of elections not later than the
thirteenth Tuesday before the next municipal or general election. The county
board of elections shall place the question before the electors as provided
under the act of June 3, 1937 (P.L. 1333, No. 320), known as the "Pennsylvania
Election Code." The form of the question shall be as follows:
| Should two additional supervisors be elected to serve in this
township? |
Yes
No |
The county board of elections shall tabulate and publish the results of the
referendum within thirty days of the election. The total number of supervisors
shall not exceed five. In no event shall the question of additional
supervisors be voted on more than once in any three-year period.
(c) At the first municipal election following approval at a general election
of the question providing for the election of two additional supervisors, one
of the additional supervisors shall be elected for a term of four years and
one for a term of six years, each to serve from the first Monday of January
after the election. At the first general election following approval at a
municipal election of the question providing for the election of two
additional supervisors, one of the additional supervisors shall be elected for
a term of three years and one for a term of five years, each to serve from the
first Monday of January after the election. After that time, the additional
supervisors shall be elected for terms of six years each to serve from the
first Monday of January after the election.
(d) In townships in which the electorate has opted for a five-member board,
the township shall return to a three-member board of supervisors upon petition
of at least five percent of the electors of the township, or under a
resolution of the board of supervisors, and upon approval by a majority of
electors voting at the next municipal or general election. The referendum
petition shall be filed with the county board of elections not later than the
thirteenth Tuesday before the next municipal or general election. The county
board of elections shall place the question before the electors as provided
under the "Pennsylvania Election Code." The form of the question shall be as
follows:
| Should this township return to a three-member board of supervisors? |
Yes
No |
The county board of elections shall tabulate and publish
the results of the referendum within thirty days of the election. In no event
shall the question of reducing the five-member board of supervisors be voted
on more than once in any five-year period.
(e) At the first municipal election following approval of the question
providing for a return to a three-member board, three supervisors shall be
elected to serve from the first Monday of January after the election, when the
terms of the officers of the five-member board of supervisors shall cease. The
three candidates receiving the highest number of votes for the office of
supervisor shall be elected. The candidate receiving the highest number of
votes shall serve for a term of six years. The candidate receiving the second
highest number of votes shall serve for a term of four years. The candidate
receiving the third highest number of votes shall serve for a term of two
years. After that, supervisors shall be elected under section 403.
Section 403. Supervisors.--(a) Except as provided under
section 402(b) for the election of additional supervisors or under section
402(e) for a return to a three-member board, or when vacancies create shorter
terms, at each municipal election, the electors of each township shall elect
one supervisor to serve for a term of six years from the first Monday of
January after the election.
(b) Except as otherwise provided in this act, no supervisor shall at the same
time hold any other elective or appointive township office or position.
Nothing in this subsection shall prohibit a supervisor from being a member of
a township planning commission created under the act of July 31, 1968 (P.L.
805, No. 247), known as the "Pennsylvania Municipalities Planning Code."
(c) Supervisors 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 404. Auditors-(a) Except when vacancies create
shorter terms, at each municipal election, the electors of each township shall
elect one auditor to serve for a term of six years from the first Monday of
January after the election. Auditors shall reside in the township from which
elected and shall have resided in that township continuously for at least one
year immediately preceding their election.
(b) No auditor shall at the same time hold any other elective or appointive
township office or position or be an employe of the township for which he has
been appointed. ((b) amended Dec. 18, 1996, P.L.1142, No.172 )
(c) In the event that there concurrently exists two or more vacancies for the
position of township auditor, a person shall be ineligible to seek nomination
or election to fill more than one such vacancy.
Section 405. Assessor.-4a) At the municipal election in
the year 1993 and at the municipal election every four years after that, the
electors of each township shall elect one assessor to serve for a term of four
years, except when vacancies create shorter terms, from the first Monday of
January after the election. Assessors shall reside in the township from which
elected and shall have resided in that township continuously for at least one
year immediately preceding their election.
(b) This section does not authorize the election of assessors for taxation
purposes in counties where boards for the assessment and revision of taxes are
authorized by law to appoint assessors.
Section 406. Tax Collector.-(a) At the municipal election
in the year 1993 and at the municipal election every four years after that,
the electors of each township shall elect one tax collector to serve for a
term of four years, except when vacancies create shorter terms, from the first
Monday of January after the election. Tax collectors shall reside in the
township from which elected and shall have resided in that township
continuously for at least one year immediately preceding their election.
(b) If the electors of any township fail to choose a tax collector or if any
person elected to the office fails to give the required bond or to take the
required oath, the vacancy shall be filled under section 407.
Section 407. Vacancies in General-If the electors of any
township fail to choose a supervisor, tax collector, auditor or assessor or if
any person elected to any office fails to serve in the office or if a vacancy
occurs in the office by death, resignation, removal from the township or
otherwise, the board of supervisors may appoint a successor who is an elector
of the township and has resided in that township continuously for at least one
year prior to their appointment, and, upon their failure to make the
appointment within thirty days after the vacancy occurs, the vacancy shall be
filled within fifteen additional days by the vacancy board. The vacancy board
shall consist of the board of supervisors and one elector of the township, who
shall be appointed by the board of supervisors at the board's first meeting
each calendar year or as soon after that as practical and who shall act as
chairman of the vacancy board. If the vacancy board fails to fill the position
within fifteen days, the chairman shall, or if there is a vacancy in the
chairmanship the remaining members of the vacancy board shall, petition the
court of common pleas to fill the vacancy. If two or more vacancies in the
office of supervisor occur on a three-member board or three or more vacancies
on a five-member board, the court of common pleas shall fill the vacancies
upon presentation of petition signed by not less than fifteen electors of the
township. The successor so appointed shall hold the office until the first
Monday in January after the first municipal election which occurs more than
sixty days after the vacancy occurs, at which election an eligible person
shall be elected for the unexpired term.
ARTICLE V TOWNSHIP OFFICERS GENERALLY
Section 501. Oath of Office.--Every person elected or
appointed to any township office shall before assuming the duties of the
office take and subscribe an oath or affirmation before a notary public,
district justice or judge to support the Constitutions of the United States
and of the Commonwealth and to perform the duties of the office with fidelity.
A copy of the oath or affirmation shall be filed with the township secretary
before assuming the duties of the office.
Section 502. Bonds.-When any officer or employe of any
township is required to give bond for the faithful performance of the duties
of the office, the bond shall be with a surety company or other company
authorized by law to act as surety, and the township may pay the premium on
the bond.
Section 503. Removal for Failure to Perform Duties.-If any
township officer fails to perform the duties of the office, the court of
common pleas upon complaint in writing by five percent of the electors of the
township may issue a rule upon the officer to show cause why the office should
not be declared vacant. The officer shall respond to the rule within thirty
days from its date of issue. Upon hearing, the court may declare the office
vacant and require the vacancy to be filled under section 407.
ARTICLE VI TOWNSHIP SUPERVISORS
Section 601. Supervisors and Government of
Townships.--Townships shall be governed and supervised by boards of
supervisors. Boards of supervisors shall consist of three members or, if
approved by the electors under section 402(b), five members.
Section 602. Organization Meeting; Appointment of
Secretary and Treasurer.-(a) The board of supervisors shall meet at a
convenient time and place on the first Monday in January of each year. If the
first Monday is a legal holiday, the meeting shall be held the following day.
The board of supervisors shall elect one member as chairman and another as
vice-chairman, and it shall appoint a treasurer and a secretary. The secretary
shall be an individual; however, the board of supervisors may select either a
trust company, a banking institution or an individual to serve as treasurer,
or the board of supervisors may appoint one individual to serve as both
secretary and treasurer. Members of the board of supervisors may be appointed
as secretary-treasurer, secretary or treasurer. With regards to boards of
supervisors which are designated as three-member boards, any supervisor who is
to be considered by the board for any appointed township position or for
employment by the township as authorized by law shall not be excluded from
voting on the issue of such appointment or employment. Action taken by a
supervisor shall be deemed to be within the scope of authority as a supervisor
and shall not be deemed to constitute an illegal or an improper conflict of
interest. ((a) amended Dec. 18, 1996, P.L.1142, No. 172)
(b) The meeting under this section may be considered a regular monthly meeting
of the board of supervisors. The first order of business at this meeting shall
be organization of the board of supervisors.
(c) The board of supervisors may appoint a supervisor to be employed as
roadmaster, laborer, secretary, treasurer, assistant secretary, assistant
treasurer or in any employe capacity not otherwise prohibited by this or any
other act.
Section 603. Monthly Meetings; Quorum and Voting.-The
board of supervisors shall meet for the transaction of business at least once
each month at a time and place determined by the board of supervisors. A
quorum is two members of a three-member board of supervisors or three members
of a five-member board of supervisors. An affirmative vote of a majority of
the entire board of supervisors at a public meeting is necessary in order to
transact any business. A member shall not be disqualified from voting on any
issue before the board solely because the member has previously expressed an
opinion on the issue in either an official or unofficial capacity.
Section 604. Special Meetings.-Upon call of the chairman
or by agreement of a majority of its members, the board of supervisors may
schedule special meetings of the board of supervisors after notice required
under the act of July 3, 1986 (P.L.388, No. 84), known as the "Sunshine Act."
Notice of a special meeting shall state the nature of the business to be
conducted at the meeting.
Section 605. Minutes and Records.-(a) The board of
supervisors shall provide for the recording of minutes of its proceedings and
other books it may find necessary in the performance of its duties. The
records shall be made available to the board of auditors during the annual
audit. Unless the custodian of the records agrees otherwise, the records shall
be audited or inspected at the place where they are normally maintained.
Supervisors who leave office shall deliver all township records in their
possession to their successors or to the township secretary.
(b) All township records required to be recorded or transcribed are valid if
typewritten, printed, photostated or microfilmed, and, where recording in a
specified book of record is required, including minutes of the proceedings of
the board of supervisors, the records may be recorded or transcribed in a
mechanical post binder book capable of being permanently sealed, with
consecutively numbered pages with a security code printed thereon and a
permanent locking device with the township seal being impressed upon each
page, or bound book with pages being consecutively numbered by transcribing
directly upon the pages of the book of record, or may be attached to the book
of record by stapling or by glue or any other adhesive substance or material,
and all records previously recorded or transcribed in any manner authorized by
this section are validated. When any record is recorded or transcribed by
attaching the record or a copy of it to the book of record, the township seal
shall be impressed upon each page to which the record is attached, each
impression covering both a portion of the attached record and a portion of the
page of the book of record to which the record is attached.
(c) Original or certified copies of ordinances may also be stored in a locking
or mechanical post binder book, capable of being permanently sealed, without
being fastened onto pages in the binder.
Section 606. Compensation of Supervisors.---(a)
Supervisors may receive as compensation an amount established by ordinance not
in excess of the following:
Township Annual Maximum
Population Compensation
not more than 4,999 $1,875
5,000 to 9,999 $2,500
10,000 to 14,999 $3,250
15,000 to 24,999 $4,125
25,000 to 34,999 $4,375
35,000 or more $5,000
Salaries are payable monthly or quarterly for the duties imposed by this act.
The population is determined by the latest official census figures, except
that no township shall be required to reduce the salary of a supervisor as a
result of a decrease in population. The compensation of supervisors, when
employed as roadmasters, laborers, secretary, treasurer, assistant secretary,
assistant treasurer or in any employe capacity not otherwise prohibited by
this or any other act, shall be determined by the board of auditors, at an
hourly, daily, weekly, semi-monthly or monthly basis, which shall be
comparable to compensation paid in the locality for similar services. The
board of supervisors may establish a mileage allowance, under the act of July
20, 1979 (P.L. 156, No. 51), referred to as the Uniform Mileage Fee Law, to be
paid to officers and employes for the use of a personal vehicle when required
and actually used for authorized township business. No supervisor may receive
compensation as an employe for attending a meeting of the board of
supervisors. Supervisors may continue to be compensated under prior law until
such time as an ordinance is enacted under this act. Any change in salary,
compensation or emoluments of the elected office becomes effective at the
beginning of the next term of the supervisor. A decision by the township to
pay, in whole or in part, to include supervisors not employed by the township
in insurance plans, as authorized in subsection (c), shall not be implemented
with regard to any nonemploye supervisor until the beginning of the next term
of that supervisor.
(b) Any benefit provided to or for the benefit of a supervisor employed by the
township in any employe capacity under this act in the form of inclusion in a
pension plan paid for in whole or in part by the township is compensation
within the meaning of this act to the extent that benefit is paid for by the
township and is determined by the board of auditors; however:
(1) Supervisors are eligible for inclusion in township pension plans only if
they are employed by the township in any employe capacity under this act. In
order to be eligible for inclusion in the plans, supervisor-employes must meet
the same requirements as other employes of the township who are eligible to
participate in a pension plan. Pension plans shall not improperly discriminate
in favor of a supervisor-employe.
(2) Once given, auditor approval for inclusion of supervisor-employes shall
not be rescinded in any subsequent years as long as the pension plan remains
in effect and the supervisors remain employed by the township and continue to
meet the same requirements as other employes of the township who are eligible
to participate in a pension plan, nor shall the auditors act in any way that
disqualifies the pension plan under Federal law.
(3) No change in the nature or rate of the contributions of a defined
contribution plan and no change in the benefit formula of a defined benefit
plan shall be initiated by the board of supervisors with respect to a
supervisor-employe without auditor approval.
(4) A pension or annuity contract made by a township between January 1, 1959,
and March 31, 1985, that includes or provides for benefits for supervisor-employes
or retired supervisor-employes at township expense is not void or unlawful
solely because the inclusion of supervisor-employes or retired supervisor-employes
was not previously approved by the township auditors. No penalty, assessment,
surcharge, forfeiture or disciplinary action of any kind may occur as a result
of that participation by supervisor-employes,
(5) All premium, contribution or similar payments made by a township on
pension or annuity contracts on behalf of supervisor-employes between January
1, 1959, and March 31, 1985, which would have been proper but for the absence
of auditor approval are hereby approved. Any benefits payable to any
supervisor-employe or his beneficiaries on account of any premium,
contribution or similar payments made by a township during that period shall
continue. Any premium, contribution or similar payments made by a township
after March 31, 1985, requires auditor approval under this subsection.
(6) If a supervisor-employe personally contributed toward a township-sponsored
pension plan or annuity that is not approved by the township auditors or not
approved by this act, he shall receive a refund of his total contributions
thereto plus any interest accumulated thereon. In lieu of a refund of
contributions plus accumulated interest, a supervisor-employe who personally
contributed toward a pension or annuity plan in which he participated may
elect to purchase that portion of his pension or annuity funded by the
township. A qualified actuary, who shall report his determination under the
act of December 18, 1984 (P.L. 1005, No.205), known as the "Municipal Pension
Plan Funding Standard and Recovery Act," shall determine the amount the
supervisor-employe shall pay to purchase the township-funded portion of the
annuity or pension.
(7) Supervisors who are not employes of the township are not eligible for
participation in any pension or annuity contract paid in whole or in part by
the township. No supervisor who was not an employe of the township but was
included in a township-paid pension or annuity plan made by a township between
January 1, 1959, and March 31, 1985, is subject to any penalty, assessment,
surcharge, forfeiture or disciplinary action. Any residual interest, value,
refund of premium or benefits payable on or after March 31, 1985, arising out
of the township-paid interest of a supervisor who was not an employe is the
exclusive property of the township.
(c) In addition to the compensation authorized under this section, supervisors
while in office or while in the employ of the township may be eligible for
inclusion in township-paid insurance plans, as follows:
(1) Supervisors, whether or not they are employed by the township, and their
dependents are eligible for inclusion in group life, health, hospitalization,
medical service and accident insurance plans paid in whole or in part by the
township. Their inclusion in those plans does not require auditor approval,
but does require submission of a letter requesting participation at a
regularly scheduled meeting of the board of supervisors before commencing
participation. The insurance shall be uniformly applicable to those covered
and shall not give eligibility preference to or improperly discriminate in
favor of supervisors. No policy of group life insurance shall contain any
provision for a cash surrender value, loan value or any other benefit beyond
the face amount of insurance. The policy may contain a provision that when the
insurance ceases because of termination of employment or term of office, the
person is entitled to have issued to him by the insurer, without evidence of
insurability, an individual policy of insurance on any form customarily issued
by the insurer at the age and for the amount applied for if the amount is not
in excess of the amount of life insurance which ceases because of the
termination and the application for the individual policy is made and first
premium is paid to the insurer within thirty-one days after termination.
(2) Any life, health, hospitalization, medical service or accident insurance
coverage contract made by a township between January 1, 1959, and March 31,
1985, that includes or provides coverage for supervisors not employed by the
township is not void or unlawful because inclusion of those supervisors was
subsequently found to be without lawful authority. No penalty, assessment,
surcharge, forfeiture or disciplinary action may occur as a result of
participation by those supervisors. Insurance benefits paid or payable to
insureds or their beneficiaries arising out of or on account of deaths,
injuries, accidents or illnesses occurring before March 30, 1988, are the
property of the insureds or their beneficiaries.
(3) All payments made by a township on any group life, health,
hospitalization, medical service or accident insurance coverage contracts on
behalf of supervisors who were not employes between January 1, 1959, and March
31, 1985, which would have been proper but for the absence of auditor approval
are hereby approved. Any benefits payable to any supervisor or his
beneficiaries on account of those payments during that time shall continue.
(4) The township may deduct from any compensation payable to a supervisor such
part of any insurance premium or charge which is payable by the supervisor
within the terms of the particular township's insurance plan.
Section 607. Duties of Supervisors.-The board of
supervisors shall: (1) Be charged with the general governance of the township
and the execution of legislative, executive and administrative powers in order
to ensure sound fiscal management and to secure the health, safety and welfare
of the citizens of the township.
(2) Have the responsibility for maintenance of township-owned equipment and
facilities.
(3) Employ persons as may be necessary for the general conduct of the business
of the township and provide for the compensation, organization and supervision
of the persons so employed. Records shall be kept and reports made and filed
giving the names of all persons employed, dates on which work was done and the
number of hours worked with compensation paid to each person and the capacity
in which employed.
(4) Authorize attendance at conferences, institutes, schools and conventions.
Any supervisor, elected or appointed officer or township employe may if
directed by the board of supervisors attend any conference, institute, school
or convention dealing with the duties and functions of elected or appointed
officers or employes. The expenses for attending the meetings may be paid by
the township and are limited to the registration fee, mileage for the use of a
personal vehicle or reimbursement of actual transportation expense going to
and returning from the meeting plus all other actual expenses that the board
of supervisors agrees to pay. Every attendee shall submit to the board of
supervisors an itemized account of expenses incurred at the meeting. The board
of supervisors may authorize employes to be compensated at their regular
employe rate, and auditors to be compensated at the rate of ten dollars ($10)
for each hour up to a maximum of five hours per day, during their attendance
at the meeting.
(5) Annually, on or before the first day of February, furnish to the board of
auditors information on the construction or maintenance of roads or other
matters that may be required by any department of the Commonwealth to be
included in the annual township report.
(6) Provide for the annual tax duplicate to be prepared and presented to the
tax collector.
(7) Perform duties and exercise powers as may be imposed or conferred by law
or the rules and regulations of any agency of the Commonwealth.
ARTICLE VII TOWNSHIP TREASURER
Section 701. Township Treasurer.-The board of
supervisors shall appoint a township treasurer to serve at the pleasure of the
board of supervisors.
Section 702. Treasurer's Bond.-The township treasurer, if
an individual, shall give bond with a surety company in an amount established
by the board of supervisors for the faithful performance of the duties of the
office. The amount of the bond shall equal the highest amount of township
funds estimated by the board of supervisors to be available to the township
treasurer at any time during the current year. The bond shall be filed with
the board of auditors of the township.
Section 703. Treasurer's Compensation.-The board of
supervisors shall determine the compensation of the township treasurer. When a
supervisor is appointed as township treasurer, the board of auditors shall
determine the compensation. A person may not receive hourly compensation for
work as a superintendent, roadmaster or laborer for time spent in the
performance of the duties of township treasurer.
Section 704. Treasurer's Duties.-The township treasurer
shall: (1) Receive all moneys due the township and deposit them promptly 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
supervisors and any citizen of this Commonwealth.
(3) Pay out all moneys of the township only on direction by the board of
supervisors.
(4) Annually state the accounts and make them available to the board of
auditors for settlement.
(5) Preserve the account books, papers, documents and other records of the
office and turn them over to the successor in office.
Section 705. Assistant Treasurer. The board of supervisors
may appoint an assistant treasurer who shall assist the township treasurer or,
in the absence or disability of the township treasurer, perform the duties of
the township treasurer. The assistant treasurer may be appointed from the
membership of the board of supervisors. The assistant treasurer shall be
bonded for the same amount as the township treasurer when acting in the
capacity of township treasurer. The board of supervisors shall determine the
compensation of the assistant treasurer. When a supervisor is appointed
assistant treasurer, the board of auditors shall determine the compensation.
Section 706. Use of Special Funds; Penalty.-When any
moneys are collected for any special purpose, no township treasurer or board
of supervisors may apply those moneys to any purpose other than that for which
they were 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 improperly spent.
Section 707. Penalty for Failure to Perform Duties.-A
township treasurer or assistant treasurer who fails to perform any duties of
the office other than those for which specific penalties are provided commits
a summary offense and, in addition to the fine or penalty which may be imposed
upon conviction, is required to pay to the township an amount equal to the
amount of the financial loss that occurred, if any, for not performing the
duties of the office. That person is disqualified from holding the office of
township treasurer or assistant treasurer.
Section 708. Depositories of Township Funds.-(a) The board
of supervisors shall designate by resolution a depository or depositories for
township funds. Any funds deposited with any 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 board of supervisors shall
require each banking institution to furnish additional bond, insurance or
security to cover the amount of any deposits in excess of the insured limits.
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
supervisors.
(b) The depository or depositories shall be banks, banking institutions or
trust companies located in this Commonwealth.
(c) The township treasurer or assistant treasurer shall, upon the designation
of the depository or depositories by the board of supervisors, immediately
transfer thereto the township funds and after that make deposits solely in the
depository or depositories in the name of the township.
(d) No township treasurer or assistant treasurer complying with the provisions
of this section, nor his surety or sureties, shall be chargeable with losses
of township funds caused solely by the failure or negligence of the depository
or depositories.
ARTICLE VIII TOWNSHIP SECRETARY
Section 801. Township Secretary.--The board of
supervisors shall appoint a township secretary to serve at the pleasure of the
board of supervisors.
Section 802. Secretary's Duties.-The township secretary is
a clerk to the board of supervisors. The township secretary shall:
(1) Record the proceedings of the board of supervisors and all court orders
relative to the laying out, opening and vacating of roads in a minute book.
(2) Preserve the minute book and other records and turn them over to the
successor in office.
(3) With the consent of the board of supervisors and in conformity with other
laws governing the retention and disposition of municipal records, have the
authority to destroy records and papers of the township other than the minute
book and account book after the lapse of six years from the date of the
records.
(4) Inform supervisors of all township meetings, including special meetings of
the board of supervisors.
Section 803. Secretary's Compensation.-The board of
supervisors shall determine the compensation of the township secretary. When a
supervisor is appointed township secretary, the board of auditors shall
determine the compensation. A person may not receive hourly compensation for
work as a superintendent, roadmaster or laborer for time spent in the
performance of the duties of township secretary.
Section 804. Assistant Secretary.-The board of supervisors
may appoint an assistant secretary who shall assist the township secretary or,
in the absence or disability of the township secretary, perform the duties of
the township secretary. The assistant secretary may be appointed from the
membership of the board of supervisors. The board of supervisors shall
determine the compensation of the assistant secretary. When a supervisor is
appointed assistant secretary, the board of auditors shall determine the
compensation.
ARTICLE IX AUDITORS; ACCOUNTANTS
Section 901. Township Auditors; Meetings;
Duties; Quorum.-(a) The board of auditors shall meet annually at the place of
meeting of the board of supervisors on the day following the day designated by
this act for organization of the board of supervisors, and they shall organize
by the election of a chairman and secretary. The board of auditors shall audit,
settle and adjust the accounts of all elected or appointed officials of the
township and its boards or agencies that received or disbursed funds of or owing
to the township during the immediately preceding calendar year. The board of
auditors shall determine the compensations for the current year authorized in
section 606 for supervisors employed by the township. Two auditors shall
constitute a quorum. The auditors may also make an audit of the dockets,
transcripts and other official records of the district justices to determine the
amount of fines and costs paid over or due the township, and the dockets and
records of the district justices shall be open to inspection by the auditors for
that purpose. Unless otherwise agreed to by the board of auditors and the
officer being audited, the audit shall be conducted at the place the records of
the officer are normally kept.
(b) Upon the death or resignation of any of the officials designated in this
section to be audited, the board of auditors , upon call of the chairman, shall
meet and audit the accounts of the former incumbent and determine the
compensation of the successor if so authorized by this act.
Section 902. Auditor's Compensation.-(a) Each auditor
shall receive ten dollars ($10) for each hour necessarily employed in the
duties of the office upon presentation to the board of supervisors of an
itemized listing of the dates, times, places and hours worked to perform the
audit. No auditor in a township having a population of ten thousand or less is
entitled to receive more than one thousand dollars ($1,000) for completing the
annual audit, settlement and adjustment. No auditor in a township having a
population in excess of ten thousand is entitled to receive more than two
thousand dollars ($2,000) for completing the annual audit settlement and
adjustment.
(b) In addition to the time actually used by the board of auditors to complete
the audit settlement and adjustment, each auditor may be compensated at the
rate of ten dollars ($10) each hour for not more than fifty hours to audit the
accounts of any public official who handles public funds when a vacancy occurs
in the office of the public official.
(c) Each auditor shall be reimbursed for travel costs incurred in the
performance of the auditing duties at the rate established by the board of
supervisors under the act of July 20, 1979 (P.L.156, No.51), referred to as
the Uniform Mileage Fee Law, and for other expenses, including postage, notary
fees or publication costs, incurred during the audit.
(902 amended June 22, 1999, P.L.114, No. 17)
Section 903. Subpoenas; Oaths; Perjury. The board of
auditors may issue subpoenas to obtain the attendance of the offices whose
accounts they are required to audit or adjust, of their executors and
administrators and of any person whom it may be necessary to examine as a
witness and to compel their attendance, by attachment, the same as any court
of common pleas may in cases pending before them and may also compel the
production of all books, vouchers and papers relative to township accounts.
The subpoena and attachment shall be issued by a district justice. The board
of auditors may administer oaths and affirmations to all persons brought or
appearing before them, whether accountants, witnesses or otherwise. All
persons swearing or affirming falsely upon examination are guilty of perjury.
Section 904. Completion, Filing and Publication of Annual
Township Report and Financial Statement.-(a) The board of auditors shall
complete their audit, settlement and Adjustment before the first day of March
of each year.
(b) The board of auditors shall make a report of the affairs of the township,
executed copies of which report shall be filed not later than ninety days
after the close of the fiscal year by the secretary of the board of auditors
with the township secretary, the clerk of the court of the county or the
prothonotary under local rules of court, the Department of Community Affairs
and the Department of Transportation. Each copy of the report shall be signed
by at least a majority of the board of auditors and duly verified by the oath
of the secretary of the board of auditors. Any secretary of the board of
auditors who fails to file the township report or to publish the required
financial statement commits a summary offense.
(e) The township report shall be presented on a uniform form prepared and
furnished under section 3203.
(d) The township report shall contain the names and addresses of the chairman
and members of the board of supervisors, the township secretary and the
township treasurer, a statement of the receipts of the township from all
sources and of all accounts and revenue which may be due and uncollected at
the close of the fiscal year, a statement of the disbursements of the township
during the fiscal year, a statement of the balance in the township treasury at
the beginning of the fiscal year, a statement of the resources and liabilities
of the township at the end of the fiscal year, a detailed statement of the
indebtedness of the township at the close of the fiscal year and the
provisions made for the payment thereof together with the purposes for which
it was incurred, a statement of the cost of ownership and operation of each
public service industry owned, maintained or operated by the township and
other information as may be required in this act.
(e) On or before the tenth day of March of each year, the board of auditors
shall publish once in one newspaper of general circulation in the township a
concise financial statement setting forth the balance in the treasury at the
beginning of the fiscal year, all revenues received during the fiscal year by
major classifications, all expenses paid during the fiscal year by major
functions and the current resources and liabilities of the township at the end
of the fiscal year, the gross liability and net debt of the township, the
amount of the assessed valuation of the township, the assets of the township
with the character and value thereof, the date of the last maturity of the
respective forms of funded debt and the assets in the sinking fund.
(f) If any township has a population of less than two hundred, as shown by the
latest official census, the board of auditors may post five copies of the
financial statement in public places in the township in lieu of publication in
a newspaper.
Section 905. Penalty for Failure to Perform Duty.--Any
auditor who fails to comply with this article commits a summary offense.
Section 906. Employment and Compensation of Attorney. If a
disagreement occurs with the board of auditors and any official it is required
to audit the board of auditors may petition the court of common pleas to
appoint an attorney to represent or advise the board of auditors on the
matter. The court shall not appoint an attorney unless reasonable effort to
reach an agreement has been made and only after the board of auditors has
given notice to the official or the board of supervisors of its intent to
petition the court for the appointment. The board of auditors, with the
agreement of the board of supervisors, shall determine the compensation of the
attorney. If the dispute results in litigation or if the board of auditors and
the board of supervisors cannot agree upon the compensation to be paid to the
attorney, the court shall establish the compensation for the attorney
appointed for the board of auditors. The compensation for the attorney shall
be paid out of the general township fund.
Section 907. Surcharge by Auditors.--(a) The board of
auditors shall surcharge any elected or appointed officer for the amount of
any loss to the township caused in whole or in part by the officer's act or
omission in violation of law or beyond the scope of the officer's authority.
If the auditors find an absence of intent to violate the law or exceed the
scope of authority and find the result of the officer's act could have been
achieved by legal means and authorized procedures, 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. Provisions of this section which limit
the amount of surcharge do not apply to cases involving fraud or collusion on
the part of the officers or to any penalty ensuing to the benefit of or
payable to the Commonwealth.
(b) Any balance in any report of the board of auditors against any officer of
the township constitutes a surcharge against the officer as fully as if
expressly stated in the report to be a surcharge. The board of auditors shall
direct the clerk of court of common pleas to certify the amount of every
balance or surcharge from which no appeal has been taken under sections 909
and 910 to the court of common pleas, and the prothonotary shall enter the
balance or surcharge as a judgment against the officer in favor of the
township.
Section 908. Collection of Surcharge; Bond.-Any auditor,
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 (in the
case of an elector or taxpayer), with one or more sureties, conditioned to
indemnify the township for all costs which may accrue in the proceedings
undertaken, subject, however, to all rights of appeal from the report of the
board of auditors.
Section 909. Appeals from Report.--The board of supervisors or any elector or
taxpayer of the township or any officer whose account is settled or audited by
the board of auditors may appeal from any settlement or audit of the board of
auditors to the court of common pleas within forty-five days after the
settlement has been filed in the court of common pleas.
Section 910. Taxpayer's Appeal; Bond.--No appeal by an elector, taxpayer or
officer shall be allowed unless the appellant enters into recognizance to
prosecute the appeal with effect, and to pay all costs accruing thereon, in
case, if the appellant is an elector or taxpayer, he fails to obtain a final
decision more favorable to the township than that awarded by the board of
auditors or, if the appellant is an officer, he fails to obtain a final
decision more favorable to the officer than that awarded by the board of
auditors.
Section 911. Consolidation of Appeals.-When more than one
appeal from the report of the board of auditors is taken, whether by the board
of supervisors, by an officer thereof or by an elector or taxpayer, the court
may direct that the several appeals be consolidated.
Section 912. Report; Prima Facie Evidence; Burden of
Proof.-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 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 913. Findings; Judgment.-After hearing, the court
shall file findings of fact and law and enter judgment, and the judgment so
entered may be enforced by appropriate proceedings by any auditor, officer,
elector or taxpayer of the township.
Section 914. Costs.-In all cases of appeal from the report
or audit of the board of auditors to the court of common pleas, the costs
shall be determined by the court.
Section 915. Attorney Fees.-Upon final determination of an
appeal taken under section 909 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 board of 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) In the case of an appeal taken by the township, an elector or a taxpayer,
if in the opinion of the court the final determination is more favorable to
the township than that awarded by the board of auditors, 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 board of
auditors, the court may order the township to pay a portion of reasonable
attorney fees incurred by the officer in connection with the surcharge
proceeding, or it may order the township officer who is the subject of the
surcharge proceeding to pay a portion of reasonable attorney fees incurred by
the township, elector or taxpayer in connection with the surcharge proceeding.
Section 916. Interest in Township Transactions.-Any
auditor who is financially interested, directly or indirectly, in any township
transaction commits a summary offense. The auditor shall forfeit the office
and forfeit to the township any financial benefit derived from the
transaction.
Section 917. Appointment of Accountant-(a) The board of
supervisors may contract with a certified or competent public accountant or a
firm of certified or competent public accountants, either of which shall be
registered in this Commonwealth, to be appointed by the court of common pleas
at least thirty days before the close of the fiscal year to audit the accounts
of the township and the township officers if a petition has been presented to
the supervisors by at least twenty-five taxpayers of the township asking for
the appointment. The amount paid to the accountant or firm in any year shall
not exceed the maximum allowed by law to be paid to the board of auditors in
any year unless the payment of an additional amount is approved by the court.
(b) (1) Subject to the provisions of paragraph (2), at its annual organization
meeting, or any time thereafter, the board of supervisors may by resolution
appoint a certified or competent public accountant or a firm of certified or
competent public accountants, either of which shall be registered in this
Commonwealth, to make an examination of all the accounts of the township for
the fiscal year stated in the resolution. The board of supervisors shall
determine the compensation of the appointed accountant.
(2) At least thirty days prior to the organizational meeting or thirty days
prior to any vote to appoint a certified or competent public accountant or a
firm of certified or competent public accountants to replace the elected
auditors, the board of supervisors shall advertise in a newspaper of general
circulation the intent to appoint a certified or competent public accountant
or a firm of certified or competent public accountants to replace the elected
auditors.
(b) amended Dec. 18, 1996, P.L.1142, No. 172)
(c) When an accountant or firm is appointed under subsection (a) or (b), the
board of auditors shall not audit, settle or adjust the accounts audited by
the appointee but shall perform the other duties of the office. The accountant
or firm has the powers given to the board of auditors under this act except
the audit shall be made in accordance with generally accepted auditing
standards, and further provide that the accountant or firm appointed under
subsection (a) or (b) shall not have the power to determine compensations, and
they are subject to the same penalties as the elected auditors under this act.
The report of the accountant or firm is subject to appeals the same as reports
of the board of auditors under this act.
(d) For the purposes of meeting Federal or State requirements, the board of
supervisors may contract with an independent certified or competent public
accountant to audit the fiscal affairs of the township, independent of that
conducted by the elected or appointed auditors.
ARTICLE X TAX COLLECTOR, ASSESSOR
Section 1001. Tax Collector; Powers, Duties
and Liabilities.-The tax collector shall collect all county, township, school,
institution district and other taxes levied within townships by authorities
authorized to levy taxes. 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." In addition to the
powers, duties and responsibilities under this act, the tax collector 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 1002. Assessor; Powers and Duties.-The assessors
have all the powers and duties, are subject to all the obligations and
responsibilities and may receive the compensation provided under law.
ARTICLE XI TOWNSHIP SOLICITOR
Section 1101. Township Solicitor.--The board of
supervisors may appoint and determine the compensation of a township solicitor.
The township solicitor shall be licensed to practice law in this Commonwealth
and may be one person or a law firm, partnership, association or professional
corporation. The township solicitor serves at the pleasure of the board of
supervisors.
Section 1102. Solicitor to Have Control of Legal
Matters-The township solicitor shall direct and control the legal matters of
the township, and no official or official body of the township, except as
otherwise provided under law, shall employ an additional attorney without the
assent or ratification of the board of supervisors.
Section 1103. Duties of Solicitor.--The township
solicitor, when directed or requested so to do, shall prepare or approve any
bonds, obligations, contracts, leases, conveyances, ordinances and assurances
to which the township may be a party. The township solicitor 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
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 any court in this Commonwealth and do every professional act
incident to the office which the township solicitor may be authorized or
required to do by the board of supervisors or by any resolution. The township
solicitor shall furnish the board of supervisors, upon request, with an
opinion in writing upon any question of law.
ARTICLE XII TOWNSHIP ENGINEER
Section 1201. Township Engineer.-The board of
supervisors may appoint and determine the compensation of a township engineer
who shall be a registered professional engineer. The township engineer serves at
the pleasure of the board of supervisors.
Section 1202. Engineer's Duties; Preparation of Plans.-The
township engineer shall perform duties as the board of supervisors may direct
for the construction, reconstruction, maintenance and repair of streets,
roads, pavements, sanitary sewers, bridges, culverts and other engineering
work. The township engineer shall prepare plans, specifications and estimates
of the work undertaken by the township and furnish the board of supervisors
with reports, information or estimates on any township engineering work or on
questions submitted by the board of supervisors.
Section 1203. Certificate of Commencement and of
Completion of Municipal Improvements-The township engineer shall certify to
the township secretary the date of commencement and 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 tune of commencement
and completion is collusive on all parties. The term "certified time of
completion" means the time of the completion of the whole contract for the
improvement.
ARTICLE XIII TOWNSHIP MANAGER
Section 1301. Township Manager, Appointment,
Removal, Powers and Duties; Compensation; Bond.--(a) The board of supervisors
may by ordinance at any time create the office of township manager and may in
like manner abolish the office. While the office exists, the board of
supervisors shall appoint one person to fill the office. The township manager
serves at the pleasure of the board of supervisors.
(b) The powers and duties of the township manager shall be established by
ordinance. The compensation shall be set by resolution and paid out of the
general fund of the township. The board of supervisors may delegate, subject to
recall, any of their nonlegislative powers and duties to the township manager.
The township manager shall give bond to the township, with sufficient surety, in
the amount directed by the board of supervisors, conditioned for the faithful
performance of the duties of the office.
(c) The office of township manager is not incompatible with the office of
township secretary, township treasurer or any other township office or
employment, except that of supervisor, auditor, assessor or township police
officer.
ARTICLE XIV COUNTY AND STATE ASSOCIATIONS OF TOWNSHIPS
Section 1401. County Associations.-(a) County
associations of township officials may be formed. County associations shall hold
annual or semi-annual conventions at places determined by the association to
consider and discuss questions and subjects pertaining to improvement of
township government, assessment of property, collection of taxes and
construction, improvement and maintenance of roads. Associations of two or more
adjacent counties may arrange to meet in joint sessions.
(b) The supervisors, auditors, assessors, tax collectors, managers, solicitors,
engineers, treasurer and secretary of the board of supervisors shall attend the
conventions when possible.
(c) (1) Each supervisor, auditor, assessor, tax collector, manager, solicitor,
engineer, treasurer and secretary attending the convention shall receive a
certificate, signed by the secretary of the county association, attesting their
presence at the convention. The certificate entitles the official to collect
from the township treasurer the sum of thirty-five dollars ($35) for each day's
attendance, expenses which are limited to the registration fee, mileage for use
of a personal vehicle or reimbursement of actual transportation expense going to
and returning from the meeting plus all other actual expenses that the board of
supervisors agrees to pay. Every delegate attending the meeting shall submit to
the board of supervisors an itemized account of expenses incurred at the
meeting. (2) If the meeting is held during township employes' normal work
schedule, the board of supervisors may authorize township employes to be
compensated at their regular employe rate during their attendance at the
meeting, in which case the employe is not entitled to the thirty-five dollars
($35) mentioned in this section. (3) The board of supervisors may authorize a
supervisor who is not employed by the township to receive total or partial
reimbursement for lost wages or salary while attending the annual meeting, in
which case the supervisor is not entitled to the thirty-five dollars ($35)
mentioned in this section, provided that sufficient documentation of such wages
or salary is presented to the board of supervisors to justify the reimbursement.
(4) No supervisor, auditor, assessor, tax collector, manager, solicitor,
engineer, treasurer or secretary shall be paid for more than two days'
attendance in any one year.
(d) The officers of the association shall consist of a president, one or 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. The secretary of the association may
be compensated for services an amount determined by the members of the
association. Every supervisor, assessor, tax collector, manager, secretary,
treasurer and auditor attending the convention may vote on policy matters and in
the election of officers of the association.
(e) Expenses of each county association convention shall be paid from dues
assessed by the association on each member township or from other funds as the
members of the county association determine.
(f) Each county association of township officials may elect one township
supervisor, township manager, township treasurer or township secretary for each
ten townships, or fraction thereof, within the county, as a voting delegate to
each annual meeting of the State association, but each county association is
entitled to a minimum of two delegates at each meeting. These delegates'
expenses may be paid by the respective county association.
Section 1402. State Association of Township Supervisors Authorized, (a) The
formation of a State Association of Township Supervisors is authorized.
(b) The State association shall hold annual meetings, at a time and place
within this Commonwealth as it may designate, to discuss questions and
subjects pertaining to the duties of elected and appointed township officials
and the improvement of township government.
(c) The State association, at its annual meeting, by majority vote of all
qualified voting delegates present, may adopt and amend bylaws to govern the
State association. The bylaws shall govern the qualification of delegates,
election of officers, their designation, qualifications and duties, payment of
dues and other organizational matters. The State association shall function
under the bylaws to advance the interest of township government.
(d) The board of supervisors may designate one or more of the following
elected or appointed officials of the township to attend the annual meeting of
the State association: supervisors, secretary, treasurer and manager. The
convention shall be held in this Commonwealth under the procedures adopted by
the State association.
(e) Each township with dues paid in the State association shall elect one of
those delegates designated in subsection (d) to be the voting delegate at the
convention.
(f) Each township shall certify the name and address of its delegate or
delegates and the designated voting delegate to the State association at least
thirty days before the opening of the State convention.
(g) (1) The expenses allowed to the delegates attending the annual meeting are
limited to the registration fee, mileage for use of a personal vehicle or
reimbursement of actual transportation expense going to and returning from the
meeting plus all other actual expenses that the board of supervisors agrees to
pay. Every delegate attending the annual meeting shall submit to the board of
supervisors an itemized account of expenses incurred at the meeting. (2) The
board of supervisors may authorize township employes to be compensated at
their regular employe rate during their attendance at the annual meeting. (3)
The board of supervisors may authorize a supervisor 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 is
presented to the board of supervisors to justify the reimbursement. (4) No
delegate shall receive expenses for attending more than four days each year.
(h) Membership dues of the State association are legal expenses of the
townships and shall be used for the payment of expenses incurred, including,
but not limited to, the rental or acquisition of real estate to be used for
State association purposes and activities, cost of publications, salaries,
cost of services provided to or for townships and other expenses incurred on
behalf of the State association.
(i) The State association may purchase, receive, lease as lessee, accept by
gift or devise or otherwise acquire and own, use and otherwise deal with any
real estate in its own name for association purposes and mortgage, sell and
convey, lease as lessor and otherwise dispose of all or part of the real
estate.
(1402 amended Feb. 21, 2002, P.L. 100, No. 9)
ARTICLE XV
CORPORATE POWERS
Section 1501. Suits.-Any township may sue and
be sued.
Section 1502. Property; Penalty for Violation.--(a) The board of
supervisors may purchase, acquire by gift or otherwise, hold, lease, let and
convey, by sale or lease, any real and personal property it judges to be to the
best interest of the township.
(b) Any supervisor 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 1503. Real Property.-(a) No real estate owned by the
township having a value in excess of fifteen hundred dollars ($1,500) may be
sold 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. The advertisement shall be published once not less than ten days
before the date set for the opening of bids or public auction, and the date for
opening bids or public auction shall be announced in the advertisement. The
award of contracts shall be made only by public announcement at a regular or
special meeting of the board of supervisors 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.
(b) The board of supervisors may reject all bids if the bids are deemed to be
less than the fair market value of the property. In the case of a public
auction, the board of supervisors may establish a minimum bid based on the fair
market value of the real property.
(c) The requirements of this section do not apply to conveyances or leases of
real property by a township to any municipal corporation, the Federal
Government, the Commonwealth, or any institution district, school district,
municipality authority, county, public utility, volunteer fire company,
nonprofit corporation engaged in community industrial, commercial or affordable
housing development, volunteer ambulance service or volunteer rescue squad
located within the township, nonprofit Corporation organized as a public
library, nonprofit medical service corporation, nonprofit housing corporation,
nonprofit organizations providing community service or development activities or
nonprofit corporation established for the preservation of historical,
architectural or aesthetic sites or artifacts. Such conveyances or leases shall
be at the sole discretion of the township.
(d) When real property is sold to a nonprofit corporation organized as a public
library or to a nonprofit medical service corporation, nonprofit housing
corporation, volunteer fire company, volunteer ambulance service or volunteer
rescue squad, the board of supervisors may elect to accept any nominal
consideration for the property as it believes appropriate. Real property sold
under this subsection is subject to the condition that when the property is not
used for the purposes of the corporation or volunteer fire company, the property
reverts to the township.
(e) No real estate may be purchased by a township unless the board of
supervisors obtains at least one appraisal on the real property in question by a
person authorized to perform an appraisal on the subject property under the act
of July 10, 1990 (P.L. 404, No. 98), known as the "Real Estate Appraisers
Certification Act," and the township supervisors may require that an
environmental impact statement be prepared, indicating the potential liability
of the township for any environmental problems associated with the real estate
to be purchased. The person making the appraisal shall not be interested
directly or indirectly in any aspect of the sale of the real estate. The price
paid by the board of supervisors for the purchase of the real estate shall not
exceed the price established by the appraisal: Provided, however, That if more
than one appraisal is obtained, the price paid by the board of supervisors shall
not exceed the average of the appraisals.
(f) When real property has been dedicated, deeded or devised to a township to be
used for a designated purpose and the real property is accepted and used for
that purpose, or the real property is not used for the purpose designated for a
period of ten years or more, and the township supervisors determine that it is
not possible or not desirable for the best interest of the township to use the
real property for the purpose designated, the township supervisors, with the
prior approval of the court of common pleas, may by ordinance reconvey to the
original owners or their successors, heirs or assigns, or otherwise dispose of,
the real property free and clear of any public right.
Section 1504. Personal Property.--(a) No personal property of
the township shall be sold or disposed of without the approval of the board of
supervisors. No personal property owned by the township, the estimated fair
market value of which is one thousand dollars ($1,000) or more, shall be sold
except to the highest bidder after due notice by advertisement for bids or for
public auction in one newspaper of general circulation in the township. The
advertisement shall be published once not less than ten days before the date set
for the opening of bids or public auction, and the date for opening bids or
public auction shall be announced in the advertisement. If, after attempting
twice to receive bids or if at a public auction no bid was received, the board
of supervisors may by resolution adopt a procedure by which the personal
property may be sold without further action of the board of supervisors. A
procedure adopted pursuant to this authorization shall be subject to and shall
conform with the requirements of any law governing the sale of property by
municipal corporations generally when no bids have been received. The award of
contacts shall be made only by public announcement at a regular or special
meeting of the board of supervisors or at the public auction. All bids shall be
accepted on the condition that payment of the purchase price in full is made
immediately upon acceptance of the successful bid. The board of supervisors may
reject any bids received if the bids are believed to be less than the fair
market value of the property. ((a) amended Dec. 18, 1996, P.L.1142, No. 172)
(b) With respect to personal property, either individual items or lots of items,
the fair market value of which is estimated to be less than one thousand dollars
($1,000), the board of supervisors shall by resolution adopt a procedure by
which the property may be sold without further action by the board of
supervisors. The board of supervisors may arrange for the sale of the item or
items at public auction.
(e) The bidding and advertising requirements of this section do not apply to the
following transactions:
(1) If personal property of the township is being traded in or exchanged for
other personal property.
(2) The sale or lease of personal property to any municipal corporation, the
Federal Government, the Commonwealth or any institution district, school
district, municipality authority, county, public utility, volunteer fire
company, nonprofit corporation engaged in community industrial development,
volunteer ambulance service or volunteer rescue squad located within the
township, nonprofit corporation organized as a public library, nonprofit medical
service corporation, nonprofit housing corporation, nonprofit organizations
providing community service or development activities or nonprofit corporation
established for the preservation of historical, architectural or aesthetical
sites or artifacts.
Section 1505. Boards of Supervisors to Exercise Powers.-The
corporate powers of townships shall be exercised by the board of supervisors. If
no specific authority is given for the payment of costs incurred in the exercise
of any power contained in this act, the expenses may be paid from the general
township fund.
Section 1506. General ]Powers.-The board of supervisors may make
and adopt any ordinances, bylaws, rules and regulations not inconsistent with or
restrained by the Constitution and laws of this Commonwealth necessary for the
proper management, care and control of the township and its finances and the
maintenance of peace, good government, health and welfare of the township and
its citizens, trade, commerce and manufacturers.
Section 1507. Intergovernmental Cooperation.--The board of
supervisors may by ordinance make agreements with other municipal corporations
in performing governmental powers, duties and functions and in carrying into
effect provisions of the act of July 12, 1972 (P.L. 762, No. 180), referred to
as the Intergovernmental Cooperation Law.
Section 1508. Capital Reserve Fund.-(a) The board of supervisors
may create and maintain a separate capital reserve fund for any anticipated
capital expenses, which fund shall be designated for a specific purpose or
purposes when created. The moneys in the fund shall be used for no other purpose
unless the board of supervisors declares that conditions in the township make
other expenses more urgent than those for which the fund was created.
(b) The board of supervisors 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.
Section 1508.1. Operating Reserve Fund.-(a) The board of
supervisors shall have the power to create and maintain a separate operating
reserve fund in order to minimize future revenue shortfalls and deficits,
provide greater continuity and predictability in the funding of vital government
services, minimize the need to increase taxes to balance the budget in times of
fiscal distress, provide the capacity to undertake long-range financial planning
and develop fiscal resources to meet long-term needs.
(b) The board of supervisors may annually make appropriations from the general
township fund to the operating reserve fund, but no appropriation shall be made
to the operating reserve fund if the effect of the appropriation would cause the
fund to exceed five per centum of the estimated revenues of the township's
general fund in the current fiscal year.
(c) The board of supervisors may at any time by resolution make appropriations
from the operating reserve fund for the following purposes only:
(1) to meet emergencies involving the health, safety or welfare of the residents
of the township;
(2) to counterbalance potential budget deficits resulting from shortfalls in
anticipated revenues or program receipts from whatever source; or
(3) to provide for anticipated operating expenditures related either to the
planned growth of existing projects or programs or to the establishment of new
projects or programs if for each such 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 3204 relating to the
investment of township funds generally.
Section 1509. Indebtedness.-The board of supervisors may incur
indebtedness and issues notes, bonds or other evidence of indebtedness under the
act of July 12, 1972 (P.L. 78 1, No. 185), known as the "Local Government Unit
Debt Act," to provide sufficient moneys for any expense of the township.
Section 1510. Display of Flags.--The board of supervisors may
display the flag of the United States or the Commonwealth, the official POW/MIA
flag or the flag of any county or municipal corporation on any public building
or grounds of the township.
Section 1511. Township Seal.--The board of supervisors may adopt
a seal which contains the name of the township and the word "seal" and which
shall be in the custody of the township secretary or manager. The official acts
of the board of supervisors may be authenticated by use of the seal. The seal
has the same effect as the seal of a notary public.
Section 1512. Insurance.--(a) The board of supervisors shall
secure workers' compensation insurance for its employes, including volunteer
firemen and volunteer ambulance and rescue personnel of companies duly
recognized by the township by resolution, killed or injured in the course of
their appointed functions or while performing any other duties expressly
authorized by the board of supervisors.
(b) The board of supervisors may contract with any insurance company to insure
property owned by the township.
(c) The board of supervisors may contract with any insurance company to insure
any public liability of the township, including insurance on every township
officer, official and employe for liability arising from errors and emissions in
the performance of their duties in the course of their employment, except that
liability of elected or appointed officials or officers for surcharge under law
shall not be affected hereby.
(d) The board of supervisors may contract with any insurance company, nonprofit
hospitalization corporation or nonprofit medical service corporation to insure
its supervisors under section 606, employes and their dependents under a policy
or policies of group insurance covering life, health, hospitalization, medical
service or accident insurance. This provision is subject to the following
qualifications:
(1) Elected officials, except supervisors under section 606, and appointed
officials who are not employes of the township are not eligible for
participation in any life, health, hospitalization, medical service or accident
insurance coverage contract paid in whole or in part by the township.
(2) Any insurance coverage contract made by a township between January 1, 1959,
and March 31, 1985, that includes or provides coverage for elected officials,
except under section 606, or appointed township officials who are not employes
of the township are not void or unlawful solely because the inclusion of those
officials 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 officials. Insurance benefits payable to
insureds or their beneficiaries arising out of or on account of deaths,
injuries, accidents or illnesses occurring before March 30, 1988, remain the
property of the insureds or their beneficiaries.
(e) The board of supervisors may contract with any insurance company for the
pensioning of employes and may pay part or all of the premiums or charges for
group pension or annuity plans. This provision is subject to the following
qualifications:
(1) The benefit coverage may be provided to supervisor-employes under section
606.
(2) The board of supervisors may deduct from the employe's pay, salary or
compensation the part of the premium or charge that is payable by the employe.
(3) Elected officials, except township supervisors under section 606, and
appointed township officials who are not employes of the township are not
eligible for participation in any pension or annuity contract paid in whole or
in part by the township. No elected official, except under section 606, or
appointed township official who is not an employe of the township included in a
township-paid pension or annuity plan made by a township between January 1,
1959, and March 31, 1985, is subject to any penalty, assessment, surcharge,
forfeiture or disciplinary action of any kind as a result of that participation.
Any residual interest, value, refund of premium or benefits payable on or after
March 31, 1985, arising out of the township-paid interest of the elected or
appointed township officials is the exclusive property of the township.
(4) If an elected official, except supervisors under section 606, or an
appointed official who is not an employe of the township personally contributed
toward a township-sponsored pension plan or annuity, he shall receive a refund
of his total contributions thereto plus any interest accumulated thereon. In
lieu of a refund of contributions plus accumulated interest, a township official
who personally contributed toward a pension or annuity plan in which he
participated may elect to purchase that portion of his pension or annuity funded
by the township. A qualified actuary, who shall report his determination under
the act of December 18, 1984 (P.L. 1005, No. 205), known as the "Municipal
Pension Plan Funding Standard and Recovery Act," shall determine the amount the
official shall pay to the township to purchase the township-funded portion of
the annuity or pension.
Section 1513. Widening and Deepening Watercourses.-After permits
have been secured from the Department of Environmental Protection and the
Pennsylvania Fish and Boat Commission, the board of supervisors or its agents or
employes may widen and deepen watercourses running through the township and
erect dikes, retaining walls and embankments along the watercourses as are
necessary to prevent water from overflowing the banks. For these purposes,
townships may enter and condemn property as may be necessary. Townships may
enter land lying near the watercourses 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 determined under this act.
Section 1514. Airports.-(a) The board of supervisors may acquire
by grant, lease, purchase or, where appropriate, eminent domain any property
located inside or outside the boundaries of the township which in the judgment
of the board of supervisors may be necessary to establish and maintain municipal
airport facilities. Any township having acquired land for those purposes may
establish, equip, condition, operate and maintain the property as a municipal
airport, may lease all or part of the property to any individual or corporation
desiring to use the property for aviation purposes and may contract in the form
of a lease of all or part of the property by the Federal Government for aviation
purposes upon nominal rental or without consideration.
(b) The board of supervisors may acquire by lease or purchase land for aviation
purposes jointly with any county or municipal corporation of this Commonwealth
and operate and maintain the municipal airport jointly with any county or
municipal corporation of this Commonwealth upon terms and conditions as may be
agreed upon between the proper authorities of the county or municipal
corporation.
Section 1515. Urban Common Carrier Mass Transportation.-The
board of supervisors may appropriate funds for urban common carrier mass
transportation purposes, make contributions to county departments of
transportation or urban common carrier mass transportation authorities to assist
the departments or the authorities to meet costs of planning, operation,
maintenance, capital improvements and debt service and make long-term agreements
providing for the payment of contributions.
Section 1516. Land Use Regulations.-The board of supervisors may
plan for the development of the township through zoning, subdivision and land
development regulations under the act of July 31, 1968 (P.L. 805, No. 247),
known as the "Pennsylvania Municipalities Planning Code."
Section 1517. Building and Housing Regulations.-The board of
supervisors may enact and enforce ordinances to govern and regulate the
construction, alteration, repair, occupation, maintenance, sanitation, lighting,
ventilation, water supply, toilet facilities, drainage, use and inspection of
all buildings and housing constructed, erected, altered, designed or used for
any use or occupancy and the sanitation and inspection of land. If any building
and housing or structure is constructed, reconstructed, altered, repaired,
converted or maintained or any building, housing or land is used in violation of
any ordinance enacted under this section, the board of supervisors, in addition
to penalties provided by the ordinances, may institute appropriate actions or
proceedings at law or in equity to prevent and restrain the unlawful
construction, reconstruction, alteration, repair, conversion, maintenance or
use, to restrain, correct or abate the violation and to prevent the use or
occupancy of the building, housing or structure.
Section 1518. Building and Housing Inspectors.-The board of
supervisors may appoint one or more building and housing inspectors to enforce
the building and housing regulations of the township and for the inspection of
the construction, alteration, repair and sanitation facilities of buildings and
housing in the township.
Section 1519. Building Lines.-The board of supervisors may by
ordinance establish and maintain uniform building lines upon any or all public
streets or highways of the township.
Section 1520. Numbering of Buildings.-The board of supervisors
may by ordinance require and regulate the numbering of buildings.
Section 1521. Insect, Pest and Vector Programs.-The board of
supervisors may appropriate moneys toward insect, pest and vector programs.
Section 1522. Sewage Treatment Facilities Regulations.-The board
of supervisors may by ordinance make regulations respecting the installation of
individual or community sewage treatment facilities under the act of January 24,
1966 (1965 P.L. 1535, No. 537), known as the "Pennsylvania Sewage Facilities
Act."
Section 1523. Surplus Foods.-The board of supervisors may
appropriate moneys for the handling, storage and distribution of surplus foods
obtained through a Federal, State or local agency.
Section 1524. Community Nursing Services.-The board of
supervisors may appropriate moneys to nonprofit associations or corporations
which provide community nursing services.
Section 1525. Mental Health Centers.-The board of supervisors
may appropriate moneys toward any nonprofit association or corporation which
operates or conducts a mental health center.
Section 1526. Hospitals.-The board of supervisors may
appropriate not exceeding one dollar ($1) for each township resident each year
toward the erection, maintenance or support of any medical center or hospital
building facilities. If the total cost of the purchase or erection exceeds one
hundred thousand dollars ($100,000), approval by the appropriate health planning
agency is required. The number of residents is determined from the latest
official census.
Section 1527. Public Safety.-The board of supervisors may adopt
ordinances to secure the safety of persons or property within the township and
to define disturbing the peace within the limits of the township.
Section 1528. Ambulances and Rescue and Life Saving
Services.-The board of supervisors may acquire, operate and maintain motor
vehicles for the purposes of conveying persons to and from hospitals, and it may
appropriate moneys toward ambulance and rescue and life saving services and make
contracts relating thereto.
Section 1529. Nuisances.-The board of supervisors may by
ordinance prohibit nuisances, including, but not limited to, the storage of
abandoned or junked automobiles, on private and public property and the carrying
on of any offensive manufacture or business.
Section 1530. Regulation of Dogs,-The board of supervisors may
by ordinance prohibit and regulate the running at large of dogs.
Section 1531. Animal Shelters.-The board of supervisors may
appropriate moneys to foster, encourage or assist the operation of humane
societies, animal shelters or animal control centers or programs.
Section 1532. Regulation of Business.-(a) The board of
supervisors may license and regulate by ordinance the following business
activities within the township:
(1) Transient merchants conducting business within the township, except farmers
selling their own produce, or to any sale of goods, wares or merchandise donated
by the owners thereof, the proceeds of which are to be applied to any charitable
or philanthropic purpose or the imposition or collection of any license fee upon
insurance companies or their agents or insurance brokers authorized to transact
business under the insurance laws of this Commonwealth.
(2) Cable television companies operating within the township to the extent
allowed by Federal and State law and regulation.
(3) Restaurants operating within the township. This power includes the power to
inspect these establishments.
(4) Junk dealers and the establishment and maintenance of junk yards and scrap
yards, including, but not limited to, automobile junk yards or automobile grave
yards.
(b) The board of supervisors may establish license fees for regulated businesses
enumerated in subsection (a). These fees shall bear a reasonable relationship to
the cost of administering the ordinance and regulating, inspecting and
supervising each business. Licenses may be issued on an annual or monthly basis
and any fee charged to transient merchants shall not exceed three hundred
dollars ($300) per year or twenty-five dollars ($25) each month or part of a
month. ((b) amended Dec. 18, 1996, P.L.1142, No. 172)
Section 1533. Dangerous Structures.-The board of supervisors may
by ordinance require the owner to remove any nuisance or dangerous structure on
public or private grounds after notice to the owner to do so. In the owner's
default, the board of supervisors may remove the nuisance or structure and
collect the cost of the removal, together with the penalty imposed by the
ordinance, from the owner by summary proceedings or under law for the collection
of municipal liens.
Section 1534. Fireworks and Inflammable Articles.-The board of
supervisors may:
(1) By ordinance regulate and prohibit the manufacture of fireworks or
inflammable or dangerous articles.
(2) Grant permits for supervised public displays of fireworks and adopt rules
and regulations governing the displays.
(3) By ordinance adopt rules and regulations not inconsistent with State
regulations relating to the storage of inflammable articles.
(4) By ordinance impose other safeguards concerning inflammable articles as may
be necessary.
Section 1535. Human Services.-The board of supervisors may,
under the provisions of the act of December 10, 1974 (P.L. 865, No. 292),
entitled "An act authorizing municipalities to expend Federal general revenue
sharing or general funds for social service programs for the poor, the disabled
and the aging, and to jointly cooperate in the sponsorship, establishment,
administration, maintenance and operation of such programs," by ordinance or
resolution appropriate moneys for social service programs for the poor, the
disabled and the aging.
Section 1536. Cemeteries.-(a) The board of supervisors may by
ordinance make rules and regulations regarding the location, operation and
maintenance of cemeteries in the township.
(b) When any cemetery or burial ground is abandoned or is being neglected, the
board of supervisors may give notice to the owner directing the removal of
weeds, refuse and debris from the cemetery within thirty days. If the removal is
not completed within thirty days after the notice, the board of supervisors
shall provide for the removal to be done by employes of the township or persons
hired for that purpose at the expense of the township. All costs of removal
shall be assessed against the owner of the cemetery, if known, and collected
under section 3302(b).
(c) The cemetery shall remain open to the public under the regulation and
control of the board of supervisors.
Section 1537. Burial Plots of Service Persons.-The board of
supervisors may purchase plots of ground in any cemetery or burial ground for
the interment of deceased or former service men and women who at the time of
their death maintained legal residence within the township.
Section 1538. Care of Memorials.-The board of supervisors may
maintain and repair any soldiers' monument or memorial existing or erected
within the township and may receive funds from persons or organizations for
those purposes.
Section 1539. Libraries.-The board of supervisors may, in
accordance with the act of June 14, 1961 (P.L. 324, No. 188), known as "The
Library Code," appropriate moneys toward any nonprofit association or
corporation which operates or conducts a library or contract with or make grants
to counties or municipal corporations for the furnishing of library service to
the township.
Section 1540. Observances and Celebrations.-The board of
supervisors may appropriate moneys for the observance of holidays, centennials
or other anniversaries or for township celebrations or civic projects or
programs.
Section 1541. Historical Property.-The board of supervisors may
acquire by purchase or by gift, repair, supervise, operate and maintain ancient
landmarks and other property of historical or antiquarian interest and make
appropriations to nonprofit associations or corporations organized to acquire
and maintain historical properties.
Section 1542. Community Development.-The board of supervisors
may undertake community development programs, including, but not limited to,
urban renewal, public housing, model cities programs and neighborhood
development projects.
Section 1543. Industrial Promotion.-The board of supervisors may
make appropriations to an industrial development agency.
Section 1544. Tourist Promotion Agencies.-The board of
supervisors may appropriate moneys not in excess of ten cents (10¢) for each
resident of the township, as determined by the latest official census, to any
tourist promotion agency, as defined in the act of April 28, 1961 (P.L. l11, No.
50), known as the "Tourist Promotion Law," to assist the agencies in carrying
out tourist promotional activities.
Section 1545. Nonprofit Art Corporations.-The board of
supervisors may appropriate moneys, 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, the term
"nonprofit art corporation" means 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 and
the term "artistic and cultural activities" includes the display or production
of theater, music, dance, painting, architecture, sculpture, arts and crafts,
photography, film, graphic arts and design and creative writing.
Section 1546. Neighborhood Crime Watch Programs.-The board of
supervisors may appropriate moneys toward a neighborhood crime watch program. No
township or township official is subject to contractual, tort or other liability
as a result of making an appropriation under this section.
Section 1547. Public Rewards.-The board of supervisors may offer
rewards for information leading to the arrest and conviction of persons who
commit capital or other crimes within the township or for the violation of any
township ordinance.
Section 1548. Municipality Authorities.-The board of supervisors
may by ordinance or resolution individually or in cooperation with other
municipal corporations form municipality authorities as authorized by the act of
May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of
1945," specify the project or projects to be undertaken by the authorities,
appoint members and establish their compensation.
Section 1549. Racetracks.-(a) In addition to the powers and
duties imposed upon the township supervisors by this act or any other provision
of law, the township supervisors shall have the power and duty to secure the
health, safety and welfare of persons and property by adopting an ordinance
prohibiting the conducting of live horse race meets by a licensed corporation at
a racetrack located within the area of fifty air miles from the center of an
existing, currently licensed racetrack, notwithstanding the provisions of the
act of December 17, 1981 (P.L. 435, No. 135), known as the "Race Horse Industry
Reform Act," provided that a majority of electors of the township approve a
referendum pursuant to subsection (h) prohibiting the conducting of such horse
race meets within the township.
(b) The township supervisors may, or upon the petition of a number of electors
of the township equal to at least twenty-five percent of the highest number of
votes for a public office of the township at the last preceding municipal
election shall, adopt a resolution directing the county board of elections to
place a referendum question on the ballot for the primary or general election,
with respect to the conducting of live horse race meets by licensed corporations
within the township. The question shall be in the following form:
Shall live horse race meets conducted by licensed corporations be prohibited
within the area of fifty air miles from the center of an existing, currently
licensed racetrack?
(c) The definitions provided for in the "Race Horse Industry Reform Act" shall
apply to this section.
Section 1550. Conservation District.-The board of supervisors
may make appropriations to a conservation district as defined in the act of May
15, 1945 (P.L.547, No.217), known as the "Conservation District Law."
(1550 added June 22, 2000, P.L.400, No.55)
ARTICLE XVI
ORDINANCES
Section 1601. Ordinances.-(a) The board of supervisors may adopt
ordinances in which general or specific powers of the township may be exercised,
and, by the enactment of subsequent ordinances, the board of supervisors may
amend, repeal or revise existing ordinances. All proposed ordinances, whether
original, amended, repealed, revised, consolidated or codified, shall be
published not more than sixty days nor less than seven days before passage at
least once in one newspaper circulating generally in the township. Public
notices shall include either the full text or a brief summary of the proposed
ordinance which lists 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 shall be supplied to the
publishing newspaper when the notice is published, and an attested copy shall be
filed within thirty days after enactment 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 the ordinances.
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; nor
shall a failure to record within the time provided be deemed a defect in the
process of the enactment or adoption of such ordinance. If substantial
amendments are made in the proposed ordinance, before voting upon enactment, the
board of supervisors shall at least ten days before enactment readvertise in one
newspaper of general circulation in the township a brief summary setting forth
all the provisions in reasonable detail, together with a summary of the
amendments. Ordinances shall be recorded in the ordinance book of the township
and are effective five days after adoption unless a date later than five days
after adoption is stated in the ordinance.
(b) When maps, plans or drawings of any kind are adopted as part of an
ordinance, instead of publishing them as part of the ordinance, the board of
supervisors may refer in publishing the ordinance to the place where the maps,
plans or drawings are on file and may be examined.
(c.) 1 An ordinance enacted by the board of supervisors pursuant to this act
shall prescribe the fines and penalties which may be imposed for its violation
and shall, unless otherwise specified in another statute, designate the method
of its enforcement in accordance with the following:
(1) Civil enforcement.-Except as provided in paragraph (2), when the penalty
imposed for the violation of an ordinance enacted pursuant to the provisions of
this act is not voluntarily paid to the township, the township shall initiate a
civil enforcement proceeding before a district justice. The civil enforcement
proceeding shall be initiated by complaint or by such other means as may be
provided by the Pennsylvania Rules of Civil Procedure. An ordinance which is to
be enforced through a civil enforcement proceeding may prescribe civil penalties
not to exceed six hundred dollars ($600) per violation. In addition to or in
lieu of civil actions before a district justice, townships may enforce
ordinances in equity. In any case where a penalty for a violation of a township
ordinance has not been timely paid and the person upon whom the penalty was
imposed is found to have been liable therefor in civil proceedings, the violator
shall be liable for the penalty imposed, including additional daily penalties
for continuing violations, plus court costs and reasonable attorney fees
incurred by the township in the enforcement proceedings. A township shall be
exempt from the payment of costs in any civil case brought to enforce an
ordinance in accordance with this paragraph.
(2) Enforcement as summary offenses.-For an ordinance regulating building,
housing, property maintenance, health, fire, public safety, parking,
solicitation, curfew, water, air or noise pollution, the board of supervisors
shall provide that its enforcement shall be by action brought before a district
justice 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. 83(c) (relating to trial in summary cases). The
board of supervisors may prescribe criminal fines not to exceed one thousand
dollars ($1,000) per violation and may prescribe imprisonment to the extent
allowed by law for the punishment of summary offenses.
(3) Existing ordinances.-With regard to ordinances enacted prior to May 7, 1996,
those regulating building, housing, property maintenance, health, fire, public
safety, parking, solicitation, curfew, water, air or noise pollution shall be
deemed automatically amended so that they shall be enforced by an action brought
before a district justice in the same manner provided for the enforcement of
summary offenses in accordance with paragraph (2). All other ordinances enacted
prior to May 7, 1996, shall be deemed automatically amended so that they shall
be enforced through a civil enforcement proceeding in accordance with paragraph
(1).
(4) Enforcement in equity.--Ordinances may be enforced by a township through an
action in equity brought in the court of common pleas of the county where the
township is situated.
(5) Separate offenses.-Ordinances may provide that a separate offense shall
arise for each day or portion thereof in which a violation is found to exist or
for each section of the ordinance which is found to have been violated.
(6) Payment to treasurer.-All fines and penalties collected for the violation of
any township ordinance shall be paid to the township treasurer.
(7) Enforcement officers or agents.--The board of supervisors may delegate the
initial determination of ordinance violation and the service of notice of
violation to such officers or agents as the township shall deem qualified for
that purpose.
(d) The board of supervisors may prepare or have prepared a consolidation or
codification of the general body of township ordinances or the ordinances on a
particular subject. The board of supervisors may adopt the consolidation or
codification as an ordinance of the township, except the required advertised
notice of the proposed adoption of the consolidation or codification shall
include a listing of its table of contents. The procedure for the consolidation
or codification 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 or codification of the township ordinances, except that the
advertisement giving notice of the proposed adoption 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.
(e) In the same manner as other ordinances, the board of supervisors may adopt,
by reference to a standard or nationally recognized code in a township
ordinance, all or any portion of the 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 adopted.
Copies of the proposed code or portion or amendment shall be filed with the
township secretary at least ten days before the board of supervisors considers
the proposed ordinance and upon enactment kept with the ordinance book and
available for public use, inspection and examination.
(f) Any person aggrieved by the adoption of any ordinance may make complaint as
to the legality of the ordinance to the court of common pleas.
(1601 amended Dec. 18, 1996, P.L.1142, No. 172)
ARTICLE XVII PUBLIC BUILDINGS
Section 1701. Township Buildings.-(a) The board
of supervisors may procure by purchase, gift, devise 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. 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
under this section.
(b) Subject to the restrictions contained in section 3402, townships in counties
of the second class A may enter upon and appropriate historic land and
structures which are privately owned, provided the sole purpose of the taking is
the preservation and maintenance of the property for its historic value and the
Pennsylvania Historical and Museum Commission or the county historical society
has certified both the historic value of the property and that it is not being
maintained in an appropriate manner.
Section 1702. Use of Public Land Acquired for Other
Purposes.-When the board of supervisors desires to take any public lands
previously granted or dedicated to a use or purpose for which they are no
longer used, it 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 circulating generally in the township. The court may increase
the amount of the bond, shall hear 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 supervisors may enter 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 1703. How Damages Are Assessed.-The compensation
and damages arising from taking, using and appropriating private or public
property for township purposes shall be ascertained, determined, awarded and
paid under this act for eminent domain proceedings.
Section 1704. Garages and Warehouses.-The board of
supervisors 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.
ARTICLE XVIII FIRE PREVENTION AND PROTECTION
Section 1801. Authority of Board of
Supervisors.-The board of supervisors may provide for fire protection within the
township.
Section 1802. Fire Hydrants and Water Supply.-(a) The
board of supervisors may place, replace, operate, maintain and repair or
contract with water companies or municipal authorities for the placing,
replacing, operating, maintaining and repairing of fire hydrants to water
mains, maintaining pressures approved by fire insurance underwriters along
highways, streets, roads and alleys within the township or provide for or
acquire a water supply system equipped to supply sufficient water for the
protection of property from fire. The moneys necessary for providing or
acquiring these fire protection services may be obtained by one of the
following methods:
(1) The board of supervisors may annually assess the cost of fire protection
by an equal assessment upon all property, whether or not exempt from taxation
by existing law, within seven hundred and eighty feet of any fire hydrant
based upon the assessment of property for county tax purposes.
(2) The board of supervisors may annually assess the cost of fire protection
by an equal assessment on all property, whether or not exempt from taxation
under existing law, abutting upon highways, streets, roads and alleys within
seven hundred and eighty feet of any fire hydrant in proportion to the number
of feet the property abuts any water main or within seven hundred and eighty
feet of any fire hydrant on the water main. The board of supervisors may
provide for an equitable reduction from the frontage of lots at intersections
or where, due to the irregular shape of lots, an assessment of the full
frontage would be inequitable.
(3) The board of supervisors may pay the cost for fire protection out of the
general township fund. If the board of supervisors elects to pay the cost of
fire protection services out of the general fund, any special fire protection
districts and annual assessments shall be abolished. All moneys in the
separate accounts for the special fire protection districts shall be paid into
the general fund.
(b) When assessments are made under this section, no assessment shall be made
against any farmland or an airport which is privately owned and which is not
open nor intended to be open to the public; but vacant lots between built-up
sections, either tilled or not tilled, are not farmland.
(c) All assessments for fire protection shall be collected by the tax
collector under section 3301(a).
(d) The assessment may be billed on the annual real estate tax bill for
township purposes if authorized by the board of supervisors.
Section 1803. Fire Companies, Facilities and Training.-(a)
The board of supervisors may appropriate moneys for the use of the township or
to fire companies located in the township for the operation and maintenance of
fire companies, for the purchase and maintenance of fire apparatus, for the
construction, repair and maintenance of fire company houses, for training of
fire company personnel and, as set forth in this section, for fire training
schools or centers in order to secure fire protection for the inhabitants of
the township. The fire companies shall submit to the board of supervisors an
annual report of the use of the appropriated moneys for each completed year of
the township before any further payments may be made to the fire companies for
the current year.
(b) The board of supervisors may by ordinance make rules and regulations for
the government of fire companies which are located within the township and
their officers.
(c) The board of supervisors may contract with or make grants to near or
adjacent municipal corporations or volunteer fire companies therein for fire
protection in the township.
(d) No volunteer fire company not in existence in the township before the
effective date of this act may organize or operate unless the establishment or
organization is approved by resolution of the board of supervisors.
(e) The board of supervisors may annually appropriate funds to fire companies
located within the township for the training of its personnel and to lawfully
organized or incorporated county or regional firemen's associations or an
entity created pursuant to the act of July 12, 1972 (P.L.762, No. 180),
referred to as the Intergovernmental Cooperation Law, to establish, equip,
maintain and operate fire training schools or centers for the purpose of
giving instruction and practical training in the prevention, control and
fighting of fire and related fire department emergencies to the members of
fire departments and volunteer fire companies in any city, borough, town or
township within this Commonwealth.
(1803) amended Dec. 18, 1996, P.L.1154 , No. 175)
Compiler's Note: The act of July 12, 1972 (P.L. 762, No. 180), referred to as
the Intergovernmental Cooperation Law, referred to in subsection (e), was
repealed by the act of December 19, 1996, P.L.1158 , No. 177. The subject
matter is now contained in 53 Pa.C.S. Ch. 23 Subchapter A (relating to
intergovernmental cooperation).
Section 1804. Ponds, Dams or Impoundments for Fire
Protection.-The board of supervisors may construct or contribute moneys for or
participate in the construction of ponds, dams or other impoundments to
provide water for fire protection for the township.
Section 1805. Fire Prevention Code.-The board of
supervisors may adopt any standard fire prevention code published and printed
in book form as provided under this act for adopting standard codes.
Section 1806. Prohibition of Fire-Producing Devices in
Certain Retail Stores.-The board of supervisors may by ordinance prohibit the
smoking or carrying of lighted cigarettes, cigars, pipes or matches and the
use of matches or fire-producing devices in retail stores arranged to
accommodate one hundred persons or more or which employ ten or more employes.
Any ordinance passed under this section may not prohibit smoking in any
restaurant room, rest room, beauty parlor, executive office or any shopping
center area designated for smoking.
ARTICLE XIX TOWNSHIP POLICE
Section 1901. Creating or Disbanding Police
Force.-The board of supervisors may by resolution create or disband a police
force within the township or, upon the petition of not less than twenty-five
registered electors or taxpayers of the township, appoint police officers.
Section 1902. Appointment of Police.-The board of
supervisors shall provide for the organization and supervision and determine
the number and the compensation of the police officers. The position of police
officer is incompatible with the office of supervisor, auditor, tax collector,
assessor and manager. The chairman of the board of supervisors may swear in
police officers. The board of supervisors may assign any police officer to
undergo a course of training at any training school for police officers
established or made available by the Federal or State Government and provide
for payment of the officer's expenses while in attendance at the training
school.
(1902 amended Dec. 18, 1996, P.L.1142, No. 172)
Section 1903. Contracts to Secure Police Service.-Any
township may contract with any municipal corporation to secure the services
within the township of the police of the municipal corporation. When any
contract is made, the police officers of the employing municipal corporation
have all the powers and authority conferred by law on police officers in the
township which has contracted to secure police service.
Section 1904. Contract to Provide Police Service.-Any
township may contract with any municipal corporation to provide police
services within the other municipal corporation. When a contract is made, the
township police have all the powers and authority conferred by law on police
in the municipal corporation which has contracted to secure police service.
Section 1905. Powers.-Each township police officer has
those powers and abilities as are granted to police officers under the laws of
this Commonwealth or the rules of the Supreme Court or the ordinances of the
township for which a fine or penalty is imposed unless otherwise excepted in
this act.
Section 1906. Shield.-Each police officer when on duty
shall wear a shield or badge with the words "township police" and the name of
the township inscribed thereon.
Section 1907. Equipment.-The board of supervisors may
provide each police officer with a uniform, equipment and means of
transportation and the maintenance thereof
Section 1908. Lockups.-The board of supervisors may
provide lockup facilities.
Section 1909. Certain Compensation Prohibited.-No police
officer may charge or accept any fee or other compensation in addition to the
salary paid by the township for any service rendered or performed by the
police officer, except public rewards.
Section 1910. Police Pension Fund.-(a) In those townships
maintaining police forces of less than three full-time police officers, the
board of supervisors may by ordinance or resolution establish a police pension
fund or pension annuity into which each member of the police force may be
required to pay a member contribution of an equal and proportionate charge
which, except to the extent that section 607(c) 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 three percent
of the pay of the member.
(b) The fund shall be under the direction of the board of supervisors for the
benefit of members of the police force who receive honorable discharge
therefrom by reason of age or disability and the families of members who 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.
(c) The ordinance or resolution establishing the police pension fund shall
prescribe a minimum period of continuous service of not less than twenty
years, after which the members of the force may be retired from active duty.
Township police officers so retired may be subject to service as police
reserves until unfit for service by reason of age or disability, when they may
be finally discharged.
(d) The basis of the apportionment of the pension is determined by the rate of
monthly pay of the member at the date of death, honorable discharge or
retirement.
(e) Payments made on account of police pensions are a charge on no fund of the
township other than the police pension fund.
(1) Townships 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 "Municipal Pension Plan Funding Standard and
Recovery Act," and may take by gift, grant, devise or bequest any money or
property in trust for the benefit of the police pension fund. The care,
management, investment and disposal of trust funds or property is vested in
the board of supervisors subject, whenever possible or practical, to any
directions for administration which the donors of the funds and property may
prescribe.
(g) A person participating in the police pension fund and entitled to receive
a benefit therefrom may not be deprived of his right to an equal and
proportionate share therein except for the following causes: conviction of a
crime or misdemeanor or failing to comply with some general regulation
relating to the management of the fund, which may be made by ordinance or
resolution and which provides that a failure to comply therewith terminates
the right to participate in the pension fund after notice and hearing as it
prescribes.
(h) Police pension funds of townships with a police force of three or more
full-time officers are governed by the act of May 29, 1956 (1955 P.L. 1804,
No. 600), referred to as the Municipal Police Pension Law.
Section 1911. Police Protection Districts.-On petition of
a majority of the property owners of any territory within the township, the
board of supervisors may designate the territory as a district for the purpose
of providing police protection. The board of supervisors may annually assess
the cost of the maintenance of the police protection by an equal assessment on
all property benefited by the protection in proportion to the number of feet
the property fronts on the street or highway or portion thereof to be
protected. The board of supervisors may provide for an equitable reduction
from the frontage of lots at intersections or where, due to the irregular
shape of lots, an assessment of the full frontage would be inequitable. No
assessment shall be made against any farmland, but vacant lots between
built-up sections, whether tilled or not tilled, are not farmland. The
assessment for each foot front against vacant lots shall be only twenty-five
percent of the assessment for each foot front against property with
improvements. All assessments for police protection shall be filed with the
township tax collector under section 3301(a).
Section 1912. Removal of Police Officers.-No person
employed as a regular full-time police officer in any police department,
except officers appointed for a probationary period of one year or less, shall
be suspended, removed or reduced in rank except under 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 three members, and in
townships of the second class."
Section 1913. Auxiliary Police.-The board of supervisors
may confirm persons to serve as auxiliary police officers under the act of
January 14, 1952 (1951 P.L. 2016, No. 561), entitled "An act providing for
supplementing the police forces of cities, boroughs, towns and townships, for
the appointment, powers and control of auxiliary police therein, and for the
transfer during disasters and emergencies of such auxiliary police, members of
the regular police forces, and police equipment thereof".
Section 1914. Special Fire Police.-The board of
supervisors may confirm any members of a volunteer fire company to serve as
special fire police under the act of June 18, 1941 (P.L. 137, No. 74),
entitled, as amended, "An act providing for the appointment, powers and
control of members of volunteer fire companies as special fire police, and
conferring powers on them at fires attended by their fire companies in any
city, borough, town, township or home rule municipality." The chairman of the
board of supervisors may swear in special fire police officers.
(1914 amended Dec. 18, 1996, P.L. 1142, No. 172)
Section 1915. School Crossing Guards.-(a) Upon request of
the board of school directors of a school district located wholly or partially
within the township, the board of supervisors by resolution may appoint school
crossing guards to control and direct traffic at or near schools. The school
crossing guards shall be in uniform and shall be authorized only in the
management of traffic and pedestrians. School crossing guards serve at the
pleasure of the board of supervisors, except as provided in subsection (c) and
are not eligible to join any township pension fund. The board of supervisors
shall determine the compensation of school crossing guards, to be paid by the
township or jointly by the township and the school district in a ratio to be
determined by the two boards. If the township and school district cannot
determine the ratio of compensation to be paid by each board, each board shall
pay one-half of the compensation of the school crossing guards.
(b) The board of supervisors may create an educational service agency under
section 402.1 of the act of December 5, 1936 (2nd Sp.Sess., 1937 P.L. 2897,
No. 1), known as the "Unemployment Compensation Law," to provide school
crossing guards to one or more educational institutions in conjunction with
the school district. The educational service agency shall serve as the agency
for management and control of the school crossing guards.
(c) The board of supervisors may approve an ordinance allowing a board of
school directors to assume hiring and oversight of school crossing guards.
Before the board of supervisors 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
employee" 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 supervisors, 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 school district to serve as school crossing guards. The
board of school directors shall notify the board of supervisors of those hired
to serve as school crossing guards and request the necessary training or
assistance be provided as outlined by the ordinance.
(1915 amended June 22, 2000, P.L.329, No. 35)
ARTICLE XX STREET LIGHTS
Section 2001. Lighting.-The board of
supervisors may light and illuminate the highways, roads and other public places
of the township and remove, alter or improve lighting as may be appropriate and
in the best interests of the township and make contracts for securing and
maintaining a supply of light.
Section 2002. Street Light Districts.-(a) The board of
supervisors may provide streetlights and make regulations therefor within the
township or within any district of the township established by the board of
supervisors for that purpose.
(b) Upon receipt of a petition signed by seventy percent of the property
owners within any defined area of the township, the board of supervisors shall
establish the defined area as a lighting district or include the defined area
within an existing lighting district and shall provide public lighting within
the area.
(c) The board of supervisors may contract with electric, gas or other lighting
companies to light and illuminate roads and highways and other public places
with electric light, gas light or other illuminating substances.
Section 2003. Costs.-(a) The board of supervisors may pay
for the cost of public lighting by any one or a combination of the following
means, whether the installation of the lighting was initiated by action of the
board of supervisors or by petition:
(1) From the general fund.
(2) Through uniform annual assessments made upon benefited properties on the
foot-front basis.
(3) By uniform annual assessment upon each property benefited.
(4) By an equal assessment upon each property benefited, based upon the
assessment for county tax purposes.
(5) By any combination of the above methods or other equitable means of
assessment as the board of supervisors may determine.
(b) If public street lighting is currently in existence and is being paid for
by a certain means or method, the board of supervisors may alter or amend the
means of assessing the cost of the lighting.
(c) Properties are subject to assessment for this purpose, whether or not the
property is exempt from taxation by existing law.
(d) If the foot-front method of assessment is used, the assessment shall be by
equal assessment on all property in proportion to the number of feet the
property fronts on the street or highway or portion thereof to be lighted. The
board of supervisors may provide for an equitable reduction from the frontage
of lots at intersections or where, due to the irregular shape of lots, an
assessment of the full frontage would be inequitable. No assessment shall be
made against any farmland, but vacant lots between built-up sections, whether
tilled or not tilled, are not farmland. The assessment for each foot front
against vacant lots shall be only twenty-five percent of the assessment for
each foot front against property with improvements.
(e) All annual assessments for streetlights shall be filed with the township
tax collector under section 3301(a). The assessment may be billed on the
annual real estate tax bill for general township purposes if authorized by the
board of supervisors.
ARTICLE XXI SOLID WASTE COLLECTION AND DISPOSITION
Section 2101. Accumulation of Ashes, Garbage,
Solid Waste and Refuse Materials.-The board of supervisors 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 ashes, garbage, solid waste and other refuse materials
upon private property, including the imposition and collection of reasonable
fees and charges for the collection, removal and disposal thereof.
Section 2102. Collection.-The board of supervisors may
collect and remove, by contract or otherwise, ashes, garbage, solid waste and
other refuse materials and recyclables and prescribe penalties for the
enforcement thereof. Any contract with refuse haulers may be made for a period
not exceeding five years. This limitation does not apply to contracts with any
other county or municipal corporation.
Section 2103. Disposal.-The board of supervisors may
dispose of, by contract or otherwise, ashes, garbage, solid waste and other
refuse materials. Any contract with the owner of a private facility for the
disposal or incineration of ashes, garbage, solid waste and other refuse
materials may be made for a period not exceeding twenty years. This limitation
does not apply to contracts with any county or municipal corporation.
Section 2104. Acquisition of Land.-The board of
supervisors may 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
county or municipal corporation in order to provide for the destruction,
collection, removal and disposal of ashes, garbage, solid waste or other
refuse materials, for the collection and storage of recyclable materials or
for the composting of leaf and yard waste. The board of supervisors may
provide for the payment of the cost thereof out of the funds of the township.
The board of supervisors may acquire land for landfill purposes, either
amicably or by exercising the power of eminent domain, and maintain lands and
places for the dumping of ashes, garbage, solid waste and other refuse
materials.
Section 2105. Charge for Services.-The board of
supervisors may establish, alter, charge and collect rates and other charges
for the collection, removal and disposal of ashes, garbage, solid waste, other
refuse materials and recyclable 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 county or municipal corporation
furnishing the services or facilities.
Section 2106. Appropriations.-The board of supervisors may make appropriations
to any county or municipal corporation for the construction, purchase,
improvement, repair, maintenance and operation of any facilities for the
collection, removal, disposal or marketing of ashes, garbage, solid waste,
other refuse materials, recyclable materials or composted leaf and yard waste.
Section 2107. Refuse Collection District.-On petition of a
majority of the owners, occupants or tenants of any territory inside the
township which is definitely defined, set apart and limited by the board of
supervisors as a refuse collection district, either with township employes and
facilities or with independent contractors, the board of supervisors may
provide for the removal from the refuse collection district of ashes, garbage,
solid waste or other refuse materials and for the disposal thereof, including
the collection and marketing of recyclable materials. The board of supervisors
may levy an assessment upon all owners, occupants or tenants of the district
sufficient to defray the cost of the removal, disposal or marketing under
section 3301(b).
Section 2108. Exclusion from Bidding Requirements.-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 subdivision
personal property sale restrictions relating to advertising and bidding."
ARTICLE XXII PARKS, RECREATION CENTERS AND FORESTS
Section 2201. Acquisition of Lands and
Buildings.-The board of supervisors may designate lands or buildings owned,
leased or controlled by the township for use as parks, playgrounds, playfields,
gymnasiums, swimming pools, indoor recreation centers, public parks and other
recreation areas and facilities and acquire lands or buildings by lease, gift,
devise, purchase or by the exercise of the right of eminent domain for
recreational purposes and construct and equip facilities for recreational
purposes.
Section 2202. Recreation Facilities Employes.-The board of
supervisors may employ persons to maintain the recreation facilities or
supervise the use of the recreation facilities.
Section 2203. Regulation of Parks and Public
Amusements.-(a) The board of supervisors may by ordinance regulate the use and
enjoyment by the public of any park or recreation grounds owned and operated
by the township or charitable organizations for the use of the public.
(h) The board of supervisors may prescribe rules for the use by the public of
parks and recreation grounds and the facilities and amusements connected
therewith and post the rules at conspicuous places in the parks or recreation
grounds. Any person who violates the rules commits a summary offense.
(c) The board of supervisors may by ordinance not inconsistent with State law
and regulations regulate the time of opening and closing and the conduct of
places of public entertainment, amusement and recreation.
(d) The board of supervisors may by ordinance or resolution appropriate funds
for recreation programs not directly sponsored by the township.
Section 2204. Creation of Recreation Boards.-(a) The board
of supervisors may by ordinance create a recreation board to supervise,
regulate, equip and maintain township-funded recreation programs and
facilities. The recreation board has only those powers specifically delegated
to it by the board of supervisors.
(b) Recreation boards, when established, shall consist of five, seven or nine
persons. The members shall be appointed by the board of supervisors and shall
serve for terms of five years or until their successors are appointed, except
that the members first appointed shall be appointed so that the terms of not
more than two members expire annually. Members shall serve without pay but may
be reimbursed by the township for all expenses incurred in performing their
duties. All persons appointed shall serve their full terms unless voluntarily
resigned or removed by the board of supervisors for dereliction or neglect of
duty. Vacancies occurring other than by expiration of term shall be for the
unexpired term and shall be filled in the same manner as original
appointments.
(c) The members of a recreation board shall elect a chairman and secretary and
select all other necessary officers to serve for a period of one year. The
recreation board may adopt rules and regulations for the conduct of all
business within its jurisdiction and exercise powers and functions concerning
parks and recreation facilities as may be delegated to it by the board of
supervisors. The recreation board shall submit an annual report to the board
of supervisors, including an analysis of the adequacy and effectiveness of
community recreation areas, facilities and leadership.
Section 2205. Joint Ownership and Maintenance.-The board
of supervisors may join with any one or more municipal corporations, counties
or school districts to acquire, create, equip, maintain and operate any park
or recreation area to serve residents of the township under the act of July
12, 1972 (P.L. 762, No. 180), referred to as the Intergovernmental Cooperation
Law.
Section 2206. Expenses for Maintenance.-All expenses
incurred in the operation of parks, recreation areas and facilities are
payable from the general township fund or from the treasury of the municipal
corporations, counties or school districts under the agreement of the
corporate authorities.
Section 2207. Forest Lands.-(a) 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 tracts under
the direction of the Department of Conservation and Natural Resources. The
tracts may be of any size suitable for the purpose and may be located inside
or outside the township limits.
(b) When the board of supervisors intends to acquire any lands for forests, it
shall so declare by an ordinance, setting forth all facts and conditions
relating to the proposed action.
(c) Upon the acquisition of any forests or lands suitable for forests, the
board of supervisors shall notify the Department of Conservation and Natural
Resources which may make rules for the government and proper administration of
the lands as may be necessary. The Department of Conservation and Natural
Resources shall publish the rules, declare the uses of the forest under the
intent of this article and make provision for its administration, maintenance,
protection and development as necessary. The rules governing the
administration of the forests shall have for their main purpose the producing
of a continuing township revenue by the sale of forest products.
(d) All revenue and emoluments arising from the forests shall be paid into the
general township fund.
(e) Township forests may be used by the public as general outing or recreation
grounds, subject to the rules of the Department of Conservation and Natural
Resources governing their administration and rules adopted by the board of
supervisors not inconsistent with law and the rules of the Department of
Conservation and Natural Resources.
(f) When the board of supervisors decides to sell or lease any township
forest, or part thereof, it shall so declare by an ordinance, setting forth
all the facts and conditions relating to the proposed action. No ordinance
shall be effective until it has been approved by a majority vote of the
electorate at the next ensuing municipal or general election. Nothing in this
subsection shall prohibit the board of supervisors, at its discretion, by
resolution, from allowing the selective harvesting of forest products for the
purpose of properly caring for and maintaining a township forest.
(g) The board of supervisors may, on behalf of the township, accept the title
to lands which may be donated to the township for any of the purposes
mentioned in this article.
ARTICLE XXIII ROADS, STREETS, BRIDGES AND HIGHWAYS
Section 2301. Road and Bridge Maintenance,
Repair and Construction.-(a) The board of supervisors may purchase or hire
materials, equipment, machinery and implements necessary for the construction,
repair and maintenance of roads and bridges and make and maintain bridges over
streams, gullies, canals and railroads where bridges are necessary for the ease
and safety of travelers. The bridges shall be deemed to be a part of the road.
(b) The board of supervisors may for adequate consideration construct,
reconstruct, improve or maintain driveways on lands owned or occupied by school
districts in the township.
(c) The board of supervisors may construct, reconstruct and improve and contract
for the construction, reconstruction and improvement of roads in the township.
(d) The board of supervisors may for adequate consideration contract with the
Commonwealth, a county or a municipal corporation to construct, reconstruct,
improve or maintain public roads or highways under the jurisdiction of the
Commonwealth, a county or a municipal corporation. Contracts executed under this
subsection need not be submitted to the Local Government Commission for review
under the act of July 12, 1972 (P.L. 762, No. 180), referred to as the
Intergovernmental Cooperation Law.
(e) The board of supervisors may employ one or more roadmasters. The roadmasters
are subject to removal by the board of supervisors.
Section 2302. Duties of Roadmasters.-The roadmasters
shall:
(1) Report to the board of supervisors any information that may be required by
the board of supervisors and by the Department of Transportation.
(2) Inspect all roads and bridges as directed by the board of supervisors.
(3) Do or direct to be done all work necessary to carry out the
responsibilities imposed by the board of supervisors with respect to the
maintenance, repair and construction of township roads..
Section 2303. Road Complaints.-If any complaint alleges that the public roads
and highways of any township are not maintained in accordance with law, the
court may appoint three persons who shall examine the highways and report the
findings to the court. In these cases, the complainants shall first enter
security, in a sum as the court may fix, to pay all costs.
Section 2304. Power to Lay Out, Open, Widen, Vacate, Et
Cetera.-
(a) The board of supervisors may by ordinance enact, ordain, survey, lay out,
open, widen, straighten, vacate and relay all roads and bridges and parts
thereof which are located wholly or partially within the township.
(b) The board of supervisors may by ordinance provide for the widening,
straightening or improvement of a State highway, with the consent of the
Department of Transportation, and may spend township funds in connection
therewith.
(c) When any petition is presented to the board of supervisors requesting the
board of supervisors to open or vacate a specific road in the township and the
board of supervisors fails to act on the petition within sixty days, the
petitioners may present their petition to the court of common pleas which
shall proceed thereon under the act of June 13, 1836 (P.L. 551, No. 169),
referred to as the General Road Law. If the board of supervisors acts on the
petition but denies the request of the petition, the board of supervisors
shall notify the person designated in the petition of its denial. If the
request of the petition is denied, the petitioners, or a majority of them, may
within thirty days after receipt of the notice petition the court of common
pleas for the appointment of viewers and proceedings shall be taken thereon
under the General Road Law.
(d) No road 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, educational or charitable
institution or seminary, unless the consent of the owner of the premises is
first secured. If the owner is unknown, this prohibition does not apply.
Section 2305. Hearing; Report; Exceptions Thereto; View
and Notice.-
(a) Before the passage of any ordinance for the laying out, opening, changing
or vacating of any road or highway or section thereof, the board of
supervisors shall give ten days' written notice to the owners of property
adjacent to the road or portions thereof involved of the time and place set
for a hearing on the proposed ordinance.
(b) If the board of supervisors votes in favor of exercising the power, it
shall enact the necessary ordinance and file a copy of the ordinance, together
with a draft or survey of the road showing the location and width thereof, in
the office of the clerk of the court of common pleas.
(c) Any resident or property owner affected by the ordinance may within thirty
days after the enactment of the ordinance of the board of supervisors, upon
entering in the court sufficient surety to indemnify the board of supervisors
for all costs incurred in the proceedings, file exceptions to the ordinance
together with a petition for a review. Upon receipt of the exception and
surety, the court of common pleas shall appoint viewers from the county board
of viewers for the purpose of reviewing the ordinance and exceptions thereto.
(d) After the expiration of the term allowed for filing exceptions or upon the
order of the court upon disposition of any exceptions, the court of common
pleas, on application by petition by the board of supervisors 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.
Section 2306. Width of Public Roads.-The width of the
right-of-way of a public road in townships shall not be less than thirty-three
feet or more than one hundred and twenty feet, and the width of the
right-of-way of alleys opened by the township as public roads shall not be
less than fifteen feet. The minimum required width shall be in addition to any
width required for necessary slopes in cuts or fills.
Section 2307. Certain Roads Declared Public Roads.-Every
road which has been used for public travel and maintained and kept in repair
by the township for a period of at least twenty-one years is a public road
having a right-of-way of thirty-three feet even though there is no public
record of the laying out or dedication for public use of the road.
Section 2308. Opening, Repairing and Closing Roads.-(a)
Public roads in townships shall, as soon as practicable, be effectually
opened. All public roads shall at all seasons be kept in repair and reasonably
clear of all impediments to easy and convenient traveling at the expense of
the township.
(b) The board of supervisors may temporarily close any township road when it
determines that conditions have rendered that road unfit or unsafe for travel
and immediate repair or maintenance, because of the time of year or other
conditions, is impracticable. The road or portion of road closed shall be
properly marked at its extremities, and a means of passage for the customary
users of the road shall, when possible, be provided.
(c) Anyone using the road or portion thereof after the road has been properly
closed and marked, without a permit from the board of supervisors, commits a
summary offense. All fines recovered are payable to the general township fund.
Persons who have no outlet due to the closing of a road may drive on, over or
across the road with the written consent of, and subject to conditions imposed
by, the board of supervisors or their agents or contractors without being
subject to the penalties imposed by this section.
Section 2309. Time Within Which Roads to be Opened.-When
proceedings have been initiated under this act for the opening and laying out
of any public road in the township, the road shall be physically opened for
use by the public within a period of five years after completion of the
proceeding. If the road is not opened or if no proceedings have been commenced
to compel the opening in five years, then 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 2310. Detours.-(a) Except for emergencies, no
public road shall be closed to traffic except upon order of the board of
supervisors, and no public road shall be closed to traffic when it has been
designated as a detour by the Department of Transportation unless the written
consent of the Department of Transportation is first obtained or unless the
board of supervisors by resolution declares the closing necessary for the
protection of the public safety.
(b) When any public road is closed, the board of supervisors shall designate a
detour on which shall be erected and maintained while the detour is in use
legible direction signs at each public road intersection through the length of
the detour. When the detour is in use, the board of supervisors shall maintain
the detour in safe and passable condition, except for State and county
highways. The board of supervisors shall immediately remove all detour signs
when the road that was originally closed is open for traffic. Except for State
and county highways, the board of supervisors may acquire, by agreement or
right of eminent domain, right-of-way privileges over private property for the
period when the road is closed to traffic. In the exercise of the rights
conferred by this section, the board of supervisors may pay for the necessary
maintenance, subsequent repair and land rental.
(c) Any person who removes, defaces, destroys or disregards any barricade,
light, danger sign, detour sign or warning of any other character whatsoever
erected or placed under authority of this section or who drives on, over or
across any road which has been properly closed commits a summary offense.
(d) In addition to the penalties imposed by this section, the board of
supervisors may in an action at law recover damages from any person or persons
who have damaged a road by driving on the road when it is closed to vehicular
traffic under this act.
(e) All fines and moneys collected under this section shall be paid to the
township treasurer.
Section 2311. Relocating or Vacating Roads by
Agreement.-(a) When the board of supervisors relocates or vacates any part of
any public road under its supervision and can agree with the property owners
affected by the relocation or vacation, it may relocate or vacate the public
road without the formality of a view.
(b) A copy of the agreement setting forth the facts regarding the relocation
or vacation, accompanied by a map or draft of the road agreed to be relocated
or vacated, 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 road or the old location is vacated.
Section 2312. Elimination of Curves; Acquisition of
Views.-(a) Any township may acquire, by purchase or by the right of eminent
domain, any property and lands along or adjacent to any township road that may
be necessary to eliminate dangerous curves and widen roads and provide a free
and unobstructed view over lands located at or near the intersection of any
two roads or highways, or a road and a railroad or railway, or at any curve in
any road, for the better protection and safety to the traveling public.
(b) The proceedings for the condemnation of the property or land and for the
assessment of damages for property or land taken, injured or destroyed shall
be taken under Article XXXIV.
Section 2313. Roads in or near Public Parks.-(a) The board
of supervisors 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 roads inside or contiguous to those parks.
The board of supervisors shall take no action with respect to the public roads
without the written consent and agreement of the Commonwealth, county or
municipal corporation owning and operating the parks. Any road when altered or
relocated under this section shall be maintained and repaired the same as
other township roads.
(b) The agreement shall be adopted by ordinance, and, within thirty days, the
road shall he a public road of the township.
(c) The owner of any land through which any public road may be located or
relocated may apply by petition to the court of common pleas, setting forth
the injury which has been sustained by reason of the relocation of the public
road, and the proceedings relative to the assessment and payment of damages of
the landowner shall be under this act for eminent domain.
Section 2314. Petition of Property Owners for
Improvements.-(a) Any township may improve any public street in the township
upon the petition of property owners representing a majority in number of feet
front of the properties abutting on the street proposed to be improved at the
expense of the property owners.
(b) The cost of the improvement may be collected from the owners of the real
estate abutting on the street or highway, or part thereof, by an equal
assessment on the foot-front basis.
(c) The assessments for improvement shall be filed with the township treasurer
under section 3302(a).
(d) The term "owner," as used in this section, means all individuals and
public or private corporations, copartnerships and associations having title
in the assessed property. If the owner is a nonresident of the township and
the place of residence is unknown or if the ownership of the property cannot
be ascertained, the notice shall be posted on the premises and a copy shall be
left with the occupant, if any.
Section 2315. Improvements Without Petition.-(a) The board
of supervisors may by ordinance provide for the construction, reconstruction,
repair or other improvements to any public street in the township.
(b) The cost of improvements may be collected from the owners of the real
estate abutting on the street or highway, or part thereof, by an equal
assessment on the foot-front basis; but in no instance shall any abutting
property owner be liable for the cost of improvements in an amount greater
than fifteen percent of the assessed valuation of the abutting property:
Provided, further, with respect to any property used exclusively for forestry
purposes, for agricultural purposes, or for both as of the time of the
assessment, That the assessment shall be based upon the actual foot frontage
of such property or one hundred and fifty feet, whichever is less. Any expense
above the maximum liability of abutting property owners shall be paid by the
township.
(c) All assessments for improvements shall be filed with the township
treasurer under section 3302(a).
(d) If abutting property owners fail to pay the expenses of the improvements
for which they are liable, the board of supervisors may recover the amount by
action of assumpsit or may file municipal liens therefor against the abutting
properties under law for the filing and collection of municipal liens.
Section 2316. Acceptance of Land for Road Purposes.-(a)
The board of supervisors may by resolution accept any land dedicated by deed
to the township to be used as a road, street or alley. A copy of the
resolution, together with a draft or survey of the road, street or alley,
showing location and width thereof, shall be filed with the clerk of the court
of common pleas.
(b) When plans of dedicated roads, streets or alleys located in townships have
been approved and recorded under this article, the board of supervisors may by
resolution accept any roads, streets or alleys as public roads if shown in the
plans as dedicated to that use and if the roads or streets are not less than
thirty-three feet in width and the alleys are not less than fifteen feet in
width.
(c) Upon the filing with the clerk of court of common pleas of the county a
certified and attested copy of the resolution, the roads, streets or alleys
become a part of the public road system of the township and shall be so
recorded in the court.
Section 2317. Approval of Plans.-(a) No person shall
construct, open or dedicate any road or any drainage facilities for public use
or travel without first submitting plans thereof to the board of supervisors
for its approval. The plans shall be prepared under rules and regulations
adopted by the board of supervisors and shall show the profiles of the roads,
the course, structure and capacity of any drainage facilities, the method of
drainage of the adjacent or contiguous territory and any other details that
may be required under the rules or regulations adopted by the board of
supervisors. The board of supervisors may alter the plans and specify any
changes or modifications of any kind and may make its approval of the plans
subject to those alterations, changes or modifications. The plans when so
approved shall be signed by the board of supervisors, and a copy shall be
filed with the secretary of the township. No road or drainage facilities shall
be opened, constructed or dedicated for public use or travel except in
compliance with plans approved by the board of supervisors and until the
approved plan is recorded as required in this section.
(b) If the board of supervisors refuses to approve any plans submitted to it
under this section, any person aggrieved by the action of the board of
supervisors may within thirty days appeal to the court of common pleas. The
court shall hear the matter de novo and, after hearing, may enter a decree
affirming, reversing or modifying the action of the board of supervisors.
(c) The action of the board of supervisors, or of the court on appeal, in
approving any plans shall be recorded by the person applying for the approval
in the office of the recorder of deeds of the county.
(d) No person shall present to the recorder of deeds any plan which has not
been approved by the board of supervisors. Approval shall be so indicated on
the plan presented for recording.
(e) If any road or any drainage facilities are opened, constructed or
dedicated for public use or travel, except in compliance with plans approved
and recorded, neither the board of supervisors nor any public authorities
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 that road; and
neither the board of supervisors nor any other public authorities have any
responsibility of any kind with respect to the road or drainage facilities
even if they are in use by the public. 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.
(f) Any person who constructs, opens or dedicates any road or any drainage
facilities in connection therewith for public use or travel in any township
without having first complied with this section and any resolutions of the
board of supervisors commits a misdemeanor of the third degree and is subject
to a suit for all costs and damages incurred by the township or property
owners in the course of correcting all substantive violations of State or
municipal law or regulations resulting from or arising out of the unlawfully
recorded plan. All fines and moneys so recovered shall be paid to the township
treasurer.
(g) No approval of plans by the board of supervisors shall obligate or require
the township to construct, reconstruct, maintain, repair or grade the roads.
Section 2318. Markers and Monuments.-The board of
supervisors and its agents may enter any land and property and maintain marks
and monuments in carrying out its powers and duties under this article.
Section 2319. 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 any State law.
Section 2320. Power to Open Drains and Ditches.-(a) The
board of supervisors or its agents 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 roads.
(b) Any person who damages or diverts any drain or ditch without the authority
of the board of supervisors commits a summary offense and is liable for the
cost of restoring the drain or ditch. All fines and moneys so recovered shall
be paid to the township treasurer.
Section 2321. Railroad Crossings.-(a) Every township
constructing a road across a railroad shall construct the road above or below
the grade thereof unless permitted by the Pennsylvania Public Utility
Commission to construct the road at grade.
(b) Any crossing of a railroad by a road or any vacation of any road crossing
a railroad shall be made only under the jurisdiction of the Pennsylvania
Public Utility Commission. Compensation for damages to the owners of adjacent
property taken, injured or destroyed shall be determined under 66 Pa. C.S.
(relating to public utilities).
Section 2322. Permits.-No railroad or street railway shall
be constructed upon any township road, nor shall any railroad or street
railway crossings, 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 be erected upon or in, any portion of a township road except
under conditions, restrictions and regulations specified in permits granted by
the township for that purpose. Each application shall be submitted to the
township in duplicate. The township shall collect a fee as determined by the
Department of Transportation for processing the application and another fee
for making the inspection. Each application shall be accompanied by both fees.
When the township grants the permit, the board of supervisors or its agents
shall inspect the work authorized by the permit upon the completion thereof
and, when necessary, enforce compliance with the conditions, restrictions and
regulations specified by the township. In addition to that inspection, the
board of supervisors or its agents may reinspect the work not more than two
years after its completion, and, if any settlement of the road surface or
other defect appears in the work contrary to the conditions, restrictions and
regulations of the township, it may enforce compliance therewith. If the
applicant fails to rectify a defect which presents an immediate or imminent
safety or health problem within forty-eight hours or any other defect within
sixty days after written notice from the board of supervisors to do so, the
board of supervisors or its agents may do the work and impose upon the
applicant the cost thereof, together with an additional twenty percent of the
cost, which may be recovered by an action in assumpsit in the court of common
pleas of the county. All fees received by the township shall he paid into the
township treasury. Nothing in this section shall be construed to require a
permit in advance for emergency repairs necessary for the safety of the public
or the restoration or continuance of public utility service or other public
service, but application for the permit and the fees shall be submitted within
five days after completion of the work, after which time the remaining
provisions of this section apply. Nothing in this section authorizes a
township to regulate or control the operations of any permittee except under
this section.
Section 2323. Penalty for Destroying Signs.-A person shall
not destroy, remove, injure or deface any sign legally erected upon or near
any public street, road or bridge by the board of supervisors, or by any club,
association or other organized body, for the direction, guidance or safety of
travelers. A person shall not 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. Any person who violates this section commits a summary
offense and shall, upon conviction, be sentenced to pay a fine of not less
than two hundred dollars ($200) nor more than five hundred dollars ($500) for
the first offense and a mandatory fine of five hundred dollars ($500) for the
second or any subsequent offense, with costs of prosecution, together with the
value of the destroyed, removed or defaced sign. All fines and moneys imposed
and collected shall be paid to the township treasurer.
Section 2324. Protection of Highways from Snowdrifts.-(a)
The board of supervisors may enter private property adjacent to any public
road or highway and place thereon a snow fence to within a limit of one
hundred feet from the right-of-way line of the public road in order to
eliminate snow drifting on the traveled portion of the public road.
(h) 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 is obtained, agreeing to an extension of time for
the removal of the snow fence.
(c) If the board of supervisors and the owner of the 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 2325. Saving Trees and Shrubbery.-(a) The board of
supervisors or its agents shall not remove any shrub or tree growing within
the right-of-way of any township road or street except those shrubs and trees
the board of supervisors finds to constitute a hazardous or dangerous
condition to the use of the highway or those which impair the use or
maintenance of the public road or street. No tree having a trunk diameter in
excess of six inches shall be removed without notice of the proposed removal
having first been given to the abutting property owner. The township
supervisors shall determine by resolution the form of notice to property
owners.
(b) All logs, cordwood, branch wood or other forms of wood derived from the
destruction or removal of any trees growing along the highways shall be
surrendered to and remain the property of the abutting owners.
(c) The board of supervisors may clear out brush and other refuse along the
sides of the road to the legal width thereof. All clearing and removal of
brush and refuse shall be confined to growth that is within the right-of-way
and to the removal of branches that in any way interfere with public travel.
No other injury by fire, cutting, abrasion or otherwise shall be done to the
standing timber.
(d) Any person who violates the provisions of this section commits a summary
offense. All fines shall be paid into the general township find.
(e) Nothing in this section prevents the board of supervisors or roadmasters
or other persons in their employ from removing roadside trees which may be
thrown down by wind or lodged in a position as to be a menace to public travel
or which, by reason of any other cause, may become a source of danger to the
public.
Section 2326. Obstructions and Nuisances.-Any person who
obstructs any public road or commits any nuisance thereon by felling trees,
making fences, turning the road, diverting water onto or in any other way and
who does not, on notice given by the board of supervisors, immediately remove
the obstruction or nuisance and repair the damages done to the road commits a
summary offense. Nothing in this section shall debar a prosecution for any
nuisance as in case of misdemeanor at common law.
Section 2327. Traffic Lights and Signals.-The board of
supervisors may provide for the erection, maintenance and operation of traffic
lights and traffic signals in accordance with 75 Pa. C.S. (relating to
vehicles).
Section 2328. Regulation of Parking.-(a) The board of
supervisors may by ordinance regulate parking, provide parking accommodations
to promote the convenience and protection of the public, post signs regulating
parking in areas established or designated for handicapped or severely
disabled veteran parking and impose penalties for the violation of those
regulations.
(b) The board of supervisors may provide for the erection, maintenance and
regulation of parking meters, and it may by ordinance establish parking meter
charges and impose penalties for the violation of those regulations.
Section 2329. Naming of Streets.-The board of supervisors
may provide for and regulate the naming of streets, roads and highways. When
the naming of a street, road or highway will affect signing maintained by the
Department of Transportation, the board of supervisors shall notify the
department.
Section 2330. Bike Paths.-The board of supervisors may
provide for the construction and maintenance of bike paths for the protection
or convenience of the traveling public.
Section 2331. County Bridges.-When the cost of
construction or maintenance of a bridge located within the township is paid in
whole or in part by the county, the board of supervisors may make agreements
for the maintenance and repair of the bridge.
Section 2332. Boundary Roads and Bridges.-(a) When any
road or bridge, other than a State or county road or bridge, is created or
located along, on or over boundaries between townships and any other municipal
corporation, the creation, location, construction, maintenance and repair of
the road or bridge shall be the joint responsibility of the township and the
municipal corporation with which the common boundary is shared.
(b) The board of supervisors may make agreements with any adjacent municipal
corporation to provide for the apportionment of the cost of construction,
repair and maintenance of boundary roads or bridges.
(c) If an amicable agreement on the proportionate share of costs of
construction, repair and maintenance of boundary roads or bridges cannot be
executed, the board of supervisors 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.
ARTICLE XXIV SIDEWALKS, FOOTPATHS AND CURBS
Section 2401. Location, Lines, Grades and Width
of Curbs, Sidewalks or Footpaths; Costs.-(a) The board of supervisors may by
ordinance regulate the line, grade and width of curbs, sidewalks or footpaths
constructed along the roads or highways in the township, shall have general
supervision over them and may establish a grade or grades for curbs, sidewalks
or footpaths, which grade or grades may be separate and apart from the grade or
grades established for the cartway or roadway.
(b) If the highway is a State or county highway, the written consent of the
Department of Transportation or the county commissioners shall first be
obtained.
(c) The costs of construction of sidewalks, footpaths or curbs may be paid by
one of the following methods:
(1) The board of supervisors, upon the request of any landowner whose land
fronts upon a public road or highway within the township, may establish a
sidewalk or curbs along one or both sides of the road or highway along the lands
of the owner. When the sidewalks or curbs are established, the landowner shall
pay for the construction of the sidewalks or curbs and keep them in repair.
(2) The board of supervisors may construct sidewalks or curbs along the roads or
highways, upon the petition of property owners representing a majority in number
of feet front of the properties abutting on the roads or highways where the
sidewalks or curbs are to be constructed. When a petition is filed with the
board of supervisors, the property owner shall be given notice by the board of
supervisors to construct the sidewalk or curb. If the owner fails to complete
the sidewalk or curb within a period of sixty days after the receipt of the
notice, the board of supervisors may construct the sidewalk or curb. When any
sidewalk or curb is constructed by the board of supervisors, the expense of the
construction of the sidewalk or curb shall be paid by the abutting property
owners in proportion to their frontage. If the owners fail to pay the expenses
of the construction of the sidewalk or curb, the board of supervisors may
recover the amount by action of assumpsit or may file municipal liens therefor
against the abutting properties under law for the filing and collection of
municipal liens.
(3) The board of supervisors may by ordinance in absence of a petition, provide
for the construction, reconstruction and repair of sidewalks and curbs within
the township. When any sidewalks or curbs are constructed, reconstructed or
repaired by the board of supervisors under the ordinance, the expense of the
construction of the sidewalks or curbs shall be paid by the abutting property
owners in proportion to their frontage, but no owner shall be liable for the
cost of construction of the sidewalk or curb in an amount greater than fifteen
percent of the assessed valuation of the abutting property. Any expense above
the maximum liability of abutting property owners shall he paid by the township.
If abutting property owners fail to pay the expenses of the construction of the
sidewalks or curbs for which they are liable, the board of supervisors may
recover the amount by action of assumpsit or may file municipal liens therefor
against the abutting properties under law for the filing and collection of
municipal liens.
(4) When the board of supervisors establishes that any part of any road or
highway is dangerous to the traveling public and the danger could be materially
reduced or lessened by the construction of a sidewalk, curb or footpath, the
board of supervisors may lay out and construct a sidewalk, curb or footpath
along the dangerous portion of the road or highway at township expense.
(d) All assessments for costs levied under this article shall be filed with the
township treasurer and collected under section 3302(a).
ARTICLE XXV SANITARY SEWERS
Section 2501. Sanitary Sewers.-The board of
supervisors may establish and construct sanitary sewer systems which shall if
possible be constructed along and within the lines of the rights-of-way of
public roads. If the board of supervisors determines that the systems shall be
located on or through private property, the board of supervisors may acquire the
land by gift, purchase or eminent domain.
Section 2502. Sanitary Sewer Connections.-(a) The board of
supervisors may by ordinance require adjoining and adjacent property owners to
connect with and use the sanitary sewer system, whether constructed by the
township or a municipality authority or a joint sanitary sewer board. In the
case of a sanitary sewer system constructed by the township pursuant to either
section 2501 or 2516, the board of supervisors may impose and charge to
property owners who desire to or are required to connect to the township's
sewer system a connection fee, a customer facilities fee, a tapping fee and
other similar fees, as enumerated and defined by 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," as a condition of connection to a
township-owned sewer collection, treatment or disposal facility. If any owner
of property adjoining or adjacent to or whose principal building is within one
hundred and fifty feet from the sanitary sewer fails to connect with and use
the sanitary sewer for a period of sixty days after notice to do so has been
served by the board of supervisors, either by personal service or by
registered mail, the board of supervisors or their agents may enter the
property and construct the connection. The board of supervisors shall send an
itemized bill of the cost of construction to the owner of the property to
which connection has been made, which bill is payable immediately. If the
owner fails to pay the bill, the board of supervisors shall file a municipal
lien for the cost of the construction within six months of the date of
completion of the connection.
(b) When an existing sanitary sewer system owned by or leased to a township is
extended or altered at the expense of a developer or other private person or
corporation under the supervision of the township or a municipality authority
of the township, the board of supervisors may by ordinance or resolution take
over the extension or alteration and compel all owners of property which is
not already connected to an existing public sanitary sewer system and which is
accessible to and whose principal building is within one hundred and fifty
feet from the sanitary sewer extension to make connection therewith and use
the sanitary sewer system as the board of supervisors may order.
(c) Whenever a sewer system or any part or extension thereof owned by a
township has been constructed by the township at the expense of a private
person or corporation or has been constructed by a private person or
corporation under the supervision of the township at the expense of the
private person or corporation, the board of supervisors shall have the right
to charge a tapping fee, including a reimbursement component, and refund said
reimbursement component to the person or corporation who has paid for the
construction of said sewer system or any part or extension thereof.
(d) The board of supervisors shall not require any commercial or industrial
business to connect to the township sanitary sewer system when the commercial
or industrial business is operating a private sanitary sewage treatment plant
under mandate of any agency of the Federal or State Government. This exemption
shall last as long as the private sanitary sewage treatment plant continues to
meet the specifications and standards mandated by the Federal or State agency
and for forty-five days after that. If, during the days immediately after the
day a business' private sanitary sewage treatment plant is determined to be
below Federal or State mandates, repairs cannot be made to bring the private
sewage treatment system back up to satisfactory condition, the board of
supervisors may require the business to connect to the township sanitary sewer
system. The full costs of connection to and any necessary refurbishing of the
township sanitary sewer system shall be paid by the business.
(e) The exemption in subsection (d) is not available in any situation where
the business seeking to use it had notice, either actual or constructive,
before construction of its sewage treatment plant, of the township's intention
to construct a sanitary sewer system and to require that business to connect
with its system.
(f) The Department of Environmental Protection shall not issue any permit to
allow a commercial or industrial business to construct its own private sewage
treatment plant without the written consent of the board of supervisors of the
township in which the private sewage treatment plant is proposed to be
located.
Section 2503. Notice of Contemplated Construction.-No
sanitary sewer system shall be constructed under this article unless a
resolution of the board of supervisors authorizing the construction is
published in a newspaper of general circulation in the township once a week
for three successive weeks.
Section 2504. Entering Lands to Mark Sanitary Sewer
Routes; Damages.-In the absence of an agreement with the owners of land
required for sanitary sewer systems or for the marking of the route of the
systems, the board of supervisors or its agents have the right to enter the
lands for that purpose. For all damage done by entering the land under this
section, the general fund of the township shall be pledged as security.
Damages shall be determined by viewers under this act for eminent domain
proceedings.
Section 2505. Sanitary Sewer Systems; Acquisition of Land
and Facilities; Damages.-The board of supervisors may acquire by eminent
domain or make contracts with other municipal corporations, corporations or
persons for the acquisition of lands or facilities for the location,
construction, maintenance, reconstruction and enlargement of sanitary sewer
systems and treatment facilities. Acquisitions may be made for the purpose of
future construction or additions to existing systems. The acquired land may be
located either inside or outside the boundaries of the township. For all
damage done to owners of land by reason of the taking of the land, the general
fund of the township shall be pledged as security. Damages shall be determined
by viewers under this act for eminent domain proceedings.
Section 2506. Cost of Construction; How Paid.-All or part
of the cost of construction of a sanitary sewer system constructed under this
article may be charged upon the properties accommodated or benefited by the
construction.
Section 2507. Sanitary Sewer Districts.-(a) When a
sanitary sewer system is constructed by a township for the accommodation of a
certain portion of the township, the board of supervisors may before or after
the construction designate the territory accommodated as one sanitary sewer
district or divide it into several sanitary sewer districts. The board of
supervisors 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.
(b) When a sanitary sewer system is constructed by a township for the benefit
only of a certain portion of the township and the cost of main sanitary
sewers, pumping stations, pressure lines, et cetera, is charged against the
sanitary sewer district or sanitary sewer districts, all or part of the amount
charged to each district may be assessed to the district by an assessment upon
each lot or piece of land in the district, in proportion to its frontage
abutting on the sanitary sewer, or by an assessment upon the several
properties abutting on the sanitary sewer, in proportion to benefits, or upon
the properties connected with and using the sanitary sewers as rental fees, or
each lot or piece of ground abutting upon the sanitary sewer may be assessed,
in proportion to its frontage or according to benefits, the cost of a local
sanitary sewer, and the balance of the amount charged against the district may
be assessed upon the properties connected with and using the sanitary sewer,
as rental fees. No district shall be charged with more than its due proportion
of the cost of the main sanitary sewers, pumping stations, et cetera, used
jointly by more than one district. If the whole of the township is
accommodated by the sanitary sewer system, it may be treated as a single
district.
Section 2508. Manner of Assessment.-When a township is
divided into sanitary sewer districts, the assessment in each district may be
by different methods. The assessment, if any, for sanitary sewer system
construction shall be charged upon the properties accommodated or benefited by
one of the following methods:
(1) By an assessment, under a resolution or ordinance of the board of
supervisors, of each lot or piece of land in proportion to its frontage
abutting on the sanitary sewer system, allowing an equitable reduction in the
case of corner properties and unusually shaped properties or those properties
abutting on more than one collector line of the sanitary sewer as the
resolution or ordinance may specify. When the lot or piece of land is on a
corner, it shall be assessed for its entire frontage abutting on any sanitary
sewer system.
(2) By an equal assessment on all properties abutting on the sanitary sewer
system in proportion to the total cost of construction of the sanitary sewer
system. The amount of the charge on each property shall be determined by the
board of supervisors.
Section 2509. Procedure for Assessments.-If taxpayers of
the district whose property valuation as assessed for taxable purposes within
the district amounts to fifty percent of the total property valuation so
assessed or if taxpayers representing fifty percent of the parcels within the
district present a petition within three months of the adoption of a
resolution or ordinance levying an assessment under section 2508 to the court
of common pleas that the assessment insufficiently represents the benefits
accruing to abutting properties, they may include in the petition a request
for the appointment of viewers to assess benefits. The court shall appoint
three disinterested viewers, none of whom shall be a resident of that portion
of the township which is accommodated by the sanitary sewer system in
question, and the viewers shall proceed under this act for the assessment of
damages and benefits by viewers. Upon the filing of a petition by taxpayers
for appointment of viewers, any assessment made by the board of supervisors
and any proceedings shall be stayed pending the disposition of the petition by
the court.
(2509 amended June 22, 2000, P.L.400, No. 55)
Section 2510. Liens for Assessments; Costs of
Proceedings.-After the amount of the assessment charged upon the several
properties has been established by resolution making assessments according to
section 2508 or by confirmation of any report of viewers, in whole or in part,
the amounts of all assessments are payable to the township treasurer for the
use of the sanitary sewer district or districts or the township in which they
are assessed. The board of supervisors shall make out bills for the amounts
charged against each property, which shall be sent to all property owners
whose property will be served by the sanitary sewer system. If the assessment
is not paid within sixty days after the mailing of a bill therefor, the board
of supervisors shall collect it by action of assumpsit or under law for the
filing and recovery of municipal claims.
(2510 amended June 22, 2000, P.L.400, No. 55)
Section 2511. Rental Fees.-(a) All persons whose property
is connected to a sanitary sewer system shall pay to the township treasurer,
in addition to the cost of making the connection, a monthly, quarterly,
semi-annual or annual charge adopted by a resolution of the board of
supervisors. The charges 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. All water utilities supplying water to users
within the boundaries of any township shall at the request of the board of
supervisors 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 rental fees. The
township may pay to the utilities clerical and other expenses incurred in the
preparation of the lists.
(b) Nothing in this section shall be construed to repeal or modify any of the
provisions of 66 Pa.C.S. (relating to public utilities).
(c) All sewer rentals received shall be deposited in a special fund to be used
only for the payment of the cost of construction, reconstruction, repair,
operation and maintenance of the sanitary sewer system.
Section 2512. State and County Highways; Consents
Necessary.- Sanitary sewers may be constructed in or under any State or county
highway. If the construction of sanitary sewers is in or under county
highways, the consent of the county commissioners of the county shall first be
obtained and, if the construction of sanitary sewers is in or under any State
highway, the consent of the Department of Transportation shall first be
obtained.
Section 2513. Municipal Corporation; Municipality
Authority; Agreements for Connections; Appointment of Viewers.-(a) Any
township may by agreement connect with an existing sanitary sewer owned by any
municipal corporation or municipality authority for either sewage collection
or treatment purposes.
(b) When any township desires to connect with the existing sewer of any
municipal corporation or municipality authority, a petition shall be presented
by the board of supervisors to the court of common pleas setting forth the
facts. The court shall fix a day for hearing upon the petition and direct
public notice be given to all interested parties. If the court is of the
opinion that the connection can be made without impairing the usefulness of
the existing sanitary sewer system, it shall appoint three viewers to view the
premises, investigate the facts of the case, assess the necessary costs and
expenses of making the connection and the proportionate part of the expense of
building the original sanitary sewer system upon the township, determine the
proportion of the expense for repairs which the municipal corporation or
municipality authority and the township shall bear and determine all other
questions liable to arise in connection therewith.
Section 2514. Report of Viewers.-The viewers shall report
the results of their investigation to the court, and the court shall confirm
the report within thirty days of its submission unless exceptions are filed.
Any interested party may appeal the disposition of filed exceptions.
Section 2515. Acquisition of Existing Sanitary Sewer
Systems.-(a) The board of supervisors of the township in which the facilities
are located may acquire all or part of an existing sanitary sewer system or
community subsurface sewage collection and treatment system.
(b) Acquisition may be by either purchase, when the board of supervisors and
the owner can agree on a price not exceeding the actual value of the sanitary
sewer system or part thereof to be transferred, or by deed of dedication to
the township by the owners of the sanitary sewer system or part thereof or by
the exercise of eminent domain.
(c) If any sanitary sewer system or community subsurface disposal collection
and treatment system is acquired by purchase or taking under this section, the
cost of acquisition may be distributed or assessed under this act as when a
sanitary sewer system is constructed by the township.
(d) The rights, powers and duties of the board of supervisors with respect to
acquired systems are the same as exist with respect to sanitary sewer systems
constructed by the township.
Section 2516. Joint Sanitary Sewer Systems.-(a) Townships
may contract with other municipal corporations and municipal authorities
providing for the joint construction or maintenance of sanitary sewer systems
and for the connection onto existing sanitary sewer systems. The agreements
shall provide for the apportionment of costs among the municipal corporations.
The board of supervisors may assess the township's respective portions of the
costs, as may be legally assessable, upon property benefited by the
facilities. Any portion of the cost not
assessed or assessable shall be paid by the respective municipal corporations
under the agreement.
(b) The municipal corporations joining or contemplating joining in the project
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 which shall act generally as
the advisory and administrative agency in the construction of the improvement
and its subsequent operation and maintenance. Members of the joint sanitary
sewer board shall serve for terms of six years each from the dates of their
respective appointments and until their successors are appointed. The joint
sanitary sewer board shall organize by the election of a chairman,
vice-chairman, secretary and treasurer. The municipal corporations may in the
ordinances creating the joint sanitary sewer board authorize it to appoint an
engineer, a solicitor and other necessary assistants and agree to the share of
the compensation of those persons each municipal corporation is to pay. 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 budget item providing for the compensation to members for
attending meetings shall not exceed a total of two hundred and fifty dollars
($250) for each member in each year, but the members shall be entitled to
actual expenses to be paid by the respective municipal corporations the
members represent.
(c) The joint sanitary sewer board may adopt rules and regulations to govern
its proceedings and prepare and suggest measures and plans under which the
joint improvement may be completed and for the future development of the
system. It 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
consents of the municipal corporations to the proposed improvement; the manner
in which preliminary and final plans, specifications and estimates for the
proposed improvement shall be prepared and adopted and in which 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 other matters, including the
preparation and submission of annual and other budgets, that are necessary or
required by law to complete the proposed improvement and to assure future
maintenance and operation thereof. The board may not make any improvement or
spend any public moneys which have not first been authorized by all of the
municipal corporations proceeding with the improvement.
(d) When it is necessary to acquire, appropriate, damage or destroy private
property to build any joint sanitary 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. When it
is necessary to acquire, damage 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 the municipal
corporation adjacent to the territory where the property is located. Damages
for any property that is taken, damaged or destroyed shall be assessed under
laws relating to the municipal corporations exercising the right of eminent
domain and shall be paid by the municipal corporations joining in the same
proportion as other costs of the improvements.
Section 2517. State Permit.-No sanitary sewer or plant may
be constructed until plans and specifications are submitted to the Department
of Environmental Protection and approved.
ARTICLE XXVI WATER SUPPLY
Section 2601. Contracts With Water Companies
and Municipal Corporations and Acquisition of Water Systems.-(a) The board of
supervisors may by contract with any private corporation or any adjacent
municipal corporation owning a waterworks system provide water for public and
private uses, to be delivered through lines owned by that company or municipal
corporation within the township. The contract shall provide the manner by which
the cost of the water service shall be paid by the consumers.
(b) The board of supervisors may purchase or acquire a privately owned water
system to provide water for public and private uses. If a privately owned water
company fails to render service as required by the Pennsylvania Public Utility
Commission, the board of supervisors may with the approval of the Pennsylvania
Public Utility Commission exercise the right of eminent domain to acquire the
water system of the water company to provide water for public and private uses.
(c) Any township may by agreement connect with an existing water system owned by
any adjacent municipal corporation. When any township desires to connect with
the existing water system of any adjacent municipal corporation and no agreement
has been reached between the township and the adjacent municipal corporation, a
petition seeking approval of the connection shall be presented by the board of
supervisors to the court of common pleas. The court shall set a day for hearing
upon the petition and shall direct public notice be given to all interested
parties. If the court is of the opinion that the connection can be made without
impairing the usefulness of the existing water system, it shall appoint three
viewers to view the premises, investigate the facts of the case, assess the
necessary costs and expenses of making the connection and the proportionate part
of the expense of building the original water system upon the township,
determine the proportion of the expense for repairs which the municipal
corporation and the township shall bear and determine all other questions likely
to arise in connection therewith.
Section 2602. Water Lines and Connections.-The board of
supervisors may contract with any private corporation or any adjacent
municipal corporation owning a water system to provide water for public and
private uses to be delivered into the lines of the township at or near the
boundary thereof. The board of supervisors may by contract lay water lines and
extensions and regulate the making of connections therewith.
Section 2603. Connection to Water System.-The board of
supervisors may by ordinance require that abutting property owners of a water
system provided by the township or a municipality authority or a joint water
board connect with and use the system. Those industries and farms which have
their own supply of water for uses other than human consumption may continue
to use their own water for that purpose but are required to use the township
water system to provide water for human consumption. In the case of a water
system provided by the township or a joint water board, the board of
supervisors may impose and charge to property owners who desire to or are
required to connect to the water system a connection fee, a customer
facilities fee, a tapping fee and other similar fees as enumerated and defined
by 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." Whenever a
water system or any part or extension thereof owned by a township has been
constructed by the township at the expense of a private person or corporation
or has been constructed by a private person or corporation under the
supervision of the township at the expense of the private person or
corporation, the board of supervisors shall have the right to charge a tapping
fee, including a reimbursement component, and refund said reimbursement
component to the person or corporation who has paid for the construction of
said water system or any part or extension thereof. If any owner of property
abutting the water system fails to connect with and use the system within
ninety days after notice to do so has been served by the board of supervisors,
the board of supervisors or their agents may enter the property and construct
the connection. The board of supervisors shall send an itemized bill of the
cost of construction of connection to the owner of the property to which
connection has been made, which bill is payable immediately, or the board of
supervisors may authorize the payment of the cost of construction of
connections in equal installments under Article XXXIII.
Section 2604. Water Rents.-The board of supervisors may
provide for the collection of water rents from users of water supplied by the
township.
Section 2605. Distribution System; State Permit.-The board
of supervisors may by ordinance provide, acquire, establish, regulate and
protect any system of distribution of water for private and public use after 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, are filed with the
Department of Environmental Protection and a written permit for the
construction of the system is obtained from the Department of Environmental
Protection.
Section 2606. Occupation of Highways.-In regulating,
protecting and extending its system of distribution of water, the township may
occupy public highways, but no highway under the jurisdiction of the
Department of Transportation shall be occupied until a permit therefor has
been obtained from the department nor any highway under the jurisdiction of
the county until a permit therefor has been obtained from the county
commissioners.
Section 2607. Joint Construction, Acquisition or
Maintenance of Water Systems.-Any township may join with any other municipal
corporation in the construction or acquisition and maintenance of water
systems. The construction of water systems shall be commenced only after plans
for the systems have been filed with the Department of Environmental
Protection and permits have been issued.
Section 2608. Joint Water Board.-The municipal
corporations joining in the improvement, in order to facilitate the building
of the water system and in securing preliminary surveys and estimates, may by
ordinance provide for the appointment of a joint water board composed of one
representative from each of the municipal corporations joining to act
generally as the advisory and administrative agency in the construction of the
improvement and its subsequent operation and maintenance. Members of the joint
water board shall serve for terms of six years each from the dates of their
respective appointments and until their successors are appointed. The joint
water board shall organize by the election of a chairman, vice-chairman,
secretary and treasurer. The municipal corporations may in the ordinances
creating the joint water board authorize it to appoint an engineer, a
solicitor and other necessary assistants and agree to the share of the
compensation of those persons each municipal corporation is to pay. The
members of the joint water board shall receive compensation for attending
board meetings as established in the budget that is prepared by the joint
water board and submitted to and adopted by the municipal corporations. The
compensation to members for attending meetings shall not exceed a total of two
hundred and fifty dollars ($250) for each member in each year, but the members
shall be entitled to actual expenses to be paid by the respective municipal
corporations the members represent.
Section 2609. 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 2610. Cost of Construction; How Paid.-All or part
of the cost of construction of any water system constructed by the authority
of this article may be charged upon the properties accommodated or benefited
thereby.
Section 2611. Water Districts.-The board of supervisors
may designate, define and create one or more water districts within the
township, and the board of supervisors 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, et cetera, used jointly by more than one district.
Section 2612. Assessment.-The board of supervisors may
provide for the payment of the cost of water lines or water systems in the
township or in districts thereof by an assessment upon the properties
accommodated or benefited by one of the following methods:
(1) By an assessment under a resolution or ordinance of the board of
supervisors of each lot or piece of land in proportion to its frontage
abutting on the water mains, allowing an equitable reduction in the case of
corner properties and unusually shaped properties or in the case of properties
abutting on more than one main as the resolution or ordinance may specify.
(2) By an equal assessment on all properties abutting on the mains in
proportion to the total cost of construction. The amount of the charge on each
property shall be determined by the board of supervisors.
Section 2613. Procedure for Assessment.-If taxpayers of
the district whose property valuation as assessed for taxable purposes within
the district amounts to fifty percent of the total property valuation so
assessed or if taxpayers representing fifty percent of the parcels within the
district present a petition within three months of the adoption of a
resolution or ordinance levying an assessment under section 2612, to the court
of common pleas stating that the assessment insufficiently represents the
benefits accruing to abutting properties, they may include in the petition a
request for the appointment of viewers to assess benefits. The court shall
appoint three disinterested viewers, none of whom shall be a resident of that
portion of the township which is accommodated by the water system in question,
and the viewers shall proceed under this act for the assessment of damages and
benefits by viewers. Upon the filing of the petition by taxpayers for
appointment of viewers, any assessment made by the board of supervisors and
any proceedings shall be stayed pending the disposition of the petition by the
court.
(2613 amended June 22, 2000, P.L.400, No. 55)
Section 2614. Liens for Assessments; Costs of
Proceedings.-After the amount of the assessment charged upon the several
properties has been established by resolution making assessments according to
Section 2612 or by confirmation of any report of viewers, in whole or in part,
the board of supervisors shall make out bills for the amounts charged against
each property, which shall be sent to all property owners whose property will
served by the water system. If the assessment is not paid within sixty days
after the mailing of a bill therefor, the board of supervisors shall collect
it by action of assumpsit or under law for the filing and recovery of
municipal claims.
(2614 amended June 22, 2000, P.L.400, No.55)
ARTICLE XXVII STORM WATER MANAGEMENT PLANS AND
FACILITIES
Section 2701. Storm Water Management Systems
Authorized.-The board of supervisors may plan, design, construct, assemble,
install and alter facilities, including, but not limited to, inlets, outlets,
systems of piping, diversion terraces, grass waterways, energy dissipaters,
storm water retention devices and natural or artificial infiltration areas, to
manage surface water runoff.
Section 2702. Construction of Storm Water
Management Facilities.-
(a) The board of supervisors may acquire by purchase, deed of dedication or
eminent domain proceedings all or part of any existing system or facility for
the management of surface water runoff which may have been established or
constructed by any property owner in the township or establish, construct and
maintain systems or facilities in the best interest of the township.
(b) If the board of supervisors and the owners of systems can agree upon a
price to be paid by the township, the purchase may be consummated if the
amount to be paid does not exceed the actual value of the facilities to be
transferred.
(c) If the board of supervisors acquires the system by the exercise of eminent
domain, the damages shall be determined by viewers under this act for eminent
domain proceedings.
Section 2703. System Management.-(a) When
exercising the powers under this article, the board of supervisors shall
manage storm water originating in or passing through the township in a manner
which is consistent with the requirements of the act of October 4, 1978 (P.L.
864, No. 167), known as the "Storm Water Management Act," and the storm water
management guidelines and any regulations which may be adopted by the
Department of Environmental Protection.
(b) All storm water management activities undertaken must be consistent with
any watershed storm water management plan when the plan has been approved by
the Department of Environmental Protection.
(c) When storm water management activities are undertaken in watersheds for
which there is no approved storm water management plan, all drawings,
documents, profiles and designs and descriptions of the proposed activities to
be undertaken by the township shall be submitted to the county conservation
district for review and comment before the initiation of earthmoving
activities. The conservation district shall have thirty days to review and
respond with comments to the board of supervisors. Failure to respond within
that time constitutes favorable comment by the conservation district.
Section 2704. Ordinances.-The board of
supervisors may enact storm water management ordinances and require persons
conducting earthmoving activities to obtain approval from the board of
supervisors for those activities. Ordinances must be consistent with watershed
storm water management plans where they exist and in all cases must be
consistent with the act of October 4, 1978 (P.L. 864, No. 167), known as the
"Storm Water Management Act."
ARTICLE XXVIII MANUFACTURE AND SALE OF ELECTRICITY
Section 2801. 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 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 2802. Regulation of Use and Prices.-Any township
furnishing electricity under this article may regulate the use of electricity
in dwellings, business places and other places in the township and the rate to
be charged for the electricity.
Section 2803. Sale of Hydroelectric Generating
Facilities.-A township may by ordinance sell all or part of its hydroelectric
generating facilities to a purchaser for that sale price as the parties may
agree upon.
Section 2804. Construction or Purchase of Hydroelectric
Generating Facilities.-Any township may construct or purchase facilities to
manufacture electricity by hydroelectric generation. Any township may purchase
a hydroelectric generating facility at that price as may be agreed upon by the
township and the person, partnership or a majority of the stockholders of a
corporation that owns the facilities.
Section 2805. Submission to Electors.-Before any township
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 in indebtedness of municipal corporations.
Section 2806. Limitation on Indebtedness.-No township which constructs or
purchases a hydroelectric generating facility shall incur any indebtedness for
the construction or enlargement of a new or existing dam or impoundment
structure but may incur indebtedness for repairs or reconstruction of an
existing dam or impoundment in connection with the hydroelectric project.
ARTICLE XXIX SHADE TREE COMMISSION
Section 2901. Right of Establishment.-The board
of supervisors may regulate the planting, maintenance and removal of shade trees
in the township, or it may appoint a shade tree commission to administer
regulations for shade trees.
Section 2902. Commission Members; Appointment; Terms;
Vacancies.- A shade tree commission shall be composed of three members who
shall be residents of the township. The initial terms of members shall be for
periods of three years, four years and five years respectively. All subsequent
terms shall be for a period of five years. Members of the commission shall
serve without compensation but shall be reimbursed for actual and necessary
expenses incurred in the performance of their duties. Vacancies in the office
of shade tree commissioner shall be filled by the board of supervisors for the
unexpired term.
Section 2903. Powers May be Vested in Recreation
Board.-When there exists a board for the care of public parks, the board of
supervisors may by ordinance confer on the recreation board all the powers and
duties under this article for a shade tree commission.
Section 2904. General Powers of Commission.-The shade tree
commission has exclusive 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, excluding State highways.
Section 2905. Hiring of Employes.-The shade tree
commission may with the approval of the board of supervisors employ persons to
perform the duties and directions of the 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
supervisors and until published at least once in a newspaper of general
circulation in the township.
Section 2906. Report of Commission.-The shade tree
commission shall annually report to the board of supervisors its transactions
and expenses for the preceding fiscal year of the township.
Section 2907. Removal of Diseased or Dangerous Trees.-(a)
The shade tree commission or, if no commission exists, the board of
supervisors may by ordinance require owners of property to cut and remove
trees located on the property if the condition of the trees, through disease
or otherwise, unreasonably affects or interferes with the health, safety or
welfare of the public or the right of the public to the unobstructed use of
public roads or property.
(b) If within thirty days after the date of notice by certified mail, return
receipt requested, to remove the trees, the property owner has not complied
with that order, the commission or the board of supervisors may enter the
premises and remove the trees.
(c) The cost of cutting and removal of trees by the township shall be charged
to the property owner. The charge shall be a lien against the real estate of
the property owner and shall be collected in the same manner as other
municipal liens.
Section 2908. Maintenance by Township Funds.-The shade
tree commission shall annually certify the costs incurred under this article
to the board of supervisors. The costs shall be paid from the general township
fund.
Section 2909. Penalties.-The shade tree commission, to the
extent provided by ordinance of the township, may assess penalties for the
violation of its regulations and of this article as 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.
Section 2910. Disposition of Penalties.-All penalties or
assessments imposed under this article shall be paid to the township.
ARTICLE XXX BOARD OF HEALTH
Section 3001. Establishment of Board of
Health.-The board of supervisors may appoint a township board of health and
township health officer to administer and enforce the health and sanitation laws
of the township. If a board of health is appointed, the board of health may
appoint a health officer or inspector whose duties shall be to implement and
enforce the health and sanitation laws of the township and actions of the board
of health. The health officer or inspector, whether appointed by the board of
supervisors or by the board of health, shall not assume the performance of the
duties of office until certified as a qualified health officer or inspector by
the Department of Environmental Protection, the Department of Agriculture and
the Department of Health.
Section 3002. Members of Board of Health.-A board of
health appointed under this article shall be composed of five members, at
least one of whom shall be a licensed physician with not less than two years'
experience in the practice of his profession The members of the board of
health shall be appointed by the board of supervisors. Upon the creation of a
board of health, 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
after that one member shall be appointed each year to serve for five years.
Upon the creation of a board of health in a township which has an existing
sanitary board, the board of supervisors may continue the incumbent members of
the sanitary board as members of the board of health. The members of the board
of health shall serve without compensation but shall be reimbursed for actual
and necessary expenses incurred in the performance of their duties.
Section 3003. Organization, Secretary, Health Officer and
Inspectors.- The members of the board of health shall annually organize by
electing a chairman from among the members of the board of health, a secretary
who may be a member of the board of health and a health officer and inspectors
who shall not be members of the board of health. The secretary, health officer
and inspectors shall each receive a salary as determined by the board of
supervisors and shall serve for a period of one year or until their successors
may be appointed and qualified.
Section 3004. Duties of Secretary.-The secretary of the
board of health shall keep the minutes of the proceedings of the board of
health, keep accurate accounts of the expenses of the board of health, draw
all requisitions for the payment of moneys on account of the board of health
from appropriations made by the board of supervisors to the board of health
and present them to the board of health for approval, render statements of the
expenses to the board of health at each stated meeting or as frequently as the
board of health may require, prepare under the direction of the board of
health the annual report to the board of supervisors, together with the
estimate of appropriation needed for the ensuing year, and make other reports
and perform other duties as the board of health may require.
Section 3005. Powers and Duties of Health Officer and
Inspectors.-The health officer and inspectors shall attend all stated and
special meetings of the board of health and at all times be ready and
available for the prompt performance of their official duties. They shall make
inspections and execute the orders of the board of health.
Section 3006. Powers of Board of Health.-(a) The board of
health shall enforce the health and sanitation laws of this Commonwealth and
any regulations adopted under those laws and the health and sanitation laws
and regulations of the township.
(b) Regulations, when authorized by ordinance of the township, shall have the
force of ordinances of the township. All penalties prescribed for violation of
the regulations, as well as the expenses actually and necessarily incurred in
enforcing ordinances and regulations, are recoverable in enforcement
proceedings and shall be paid into the general township fund. Townships may
establish and revise fees for licenses or permits issued by the township as
necessary.
Section 3007. Entering Premises.-The board of health,
health officer or inspectors may enter at any time any premises within the
township where there is reasonably suspected to exist any health hazard or
violation of health or sanitation laws or regulations or which are of a type
that may give rise to a health hazard.
Section 3008. Written Order for Violation.-When the board
of health, health officer or inspectors determine that a health or sanitation
hazard or violation exists, a written order shall be directed to the owner or
occupant of the premises involved, ordering an abatement of the hazard or
violation and the taking of corrective action as the board of health, health
officer or inspectors may deem necessary under the circumstances. The order
shall set forth a specific time in which the abatement and corrective action
shall be accomplished. If the order is not complied with within the time
provided, the board of health, health officer or inspectors may enter the
premises and issue orders for the immediate termination of activities creating
the violation, the potential violation and all acts of commerce conducted in,
on or at the premises in question. In addition, the board of health, health
officer or inspectors may proceed to enforce the law or regulation being
violated the same as ordinances of the township.
Section 3009. Appropriations and Annual Report.-The board
of supervisors shall make an annual appropriation to the board of health as
the board of supervisors determines. The board of health or health officer
shall before the preparation of the annual budget of the township submit to
the board of supervisors the estimated expenses of the board of health or
health officer for the ensuing year. The board of health or health officer
shall by the first day of February of each year prepare and submit to the
board of supervisors and the regional office of the Department of
Environmental Protection, the Department of Agriculture and the Department of
Health an annual report in writing, setting forth the activities and
expenditures of the board of health or health officer during the prior
calendar year.
Section 3010. Cooperation With Other Municipal
Corporations.-(a) Any township may cooperate and contract with any other
municipal corporation in the administration and enforcement of health and
sanitation laws.
(b) If the board of supervisors abolishes the board of health or positions of
health officers or inspectors and discontinues services under this article,
the Department of Environmental Protection, the Department of Agriculture and
the Department of Health shall be notified. An official copy of the action of
the board of supervisors shall be transmitted to the regional office of the
Department of Environmental Protection, the Department of Agriculture and the
regional office of the Department of Health.
(c) The board of supervisors, the board of health or the health officer may
request assistance from the Department of Environmental Protection, the
Department of Agriculture or the Department of Health if the assistance is
deemed necessary for the health and safety of township citizens.
ARTICLE XXXI CONTRACTS
Section 3101. Power to Make Contracts.-The
board of supervisors may make contracts for purchases under this act and the
laws of this Commonwealth.
Section 3102. Letting Contracts.-(a) All contracts or
purchases in excess of the required advertising amount of ten thousand dollars
($10,000), except those specifically excluded, shall not be made except with
and from the lowest responsible bidder after due notice in one newspaper of
general circulation in the township. The notice for bids shall be published at
least two times at intervals of not less than three days in daily newspapers
or once a week for two successive weeks in weekly newspapers. The first
advertisement shall be published not more than forty-five days, and the second
advertisement not less than ten days, before the date set for the opening of
bids. Notice of proposed contracts or purchases shall also be posted where the
board of supervisors normally meets or in a conspicuous place within the
township. Any published notice for bids shall contain full plans and
specifications, or refer to the places where copies thereof can be obtained,
state the amount of the performance bond determined under subsection (g) and
give the date, time and place of a meeting at which an individual or committee
appointed by the board of supervisors or the board of supervisors will open
and read the bids. ((a) amended Dec. 19, 1996, P.L.1412, No. 181)
(b) Written or telephonic price quotations from at least three qualified and
responsible contractors shall be requested for all contracts that exceed four
thousand dollars ($4,000) but are 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 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.
(c) The board of supervisors may purchase or make contracts under 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 where no bids are received," if no
bids are received on an item after proper notices.
(d) The amount of the contract, whether of straight sale price, conditional
sale, lease, lease purchase or otherwise, is the entire amount the township
pays to the successful bidder in order to obtain the services or property, or
both, and does not mean only the amount which is paid to acquire title or to
receive any other particular benefit or benefits.
(e) The award of contracts shall only be made by public announcement at the
meeting at which bids are opened by the board of supervisors, or received from
the individual or committee appointed by the board of supervisors to open and
read bids, or at a subsequent meeting of the board of supervisors, the time
and place of which shall be publicly announced when bids are received. If for
any reason one or both of the meetings are not held, the same business may be
transacted at a subsequent meeting if at least five days' notice of the
meeting is published in the same newspaper as the notice of bids. 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.
(f) The board of supervisors may reject all bids received if it is believed to
be in the best interest of the township, and at a public meeting the reasons
for the rejection of all bids shall be announced and be noted in the minutes.
(g) Unless covered under the bonding requirements of the act of December 20,
1967 (P.L. 869, No. 385), known as the "Public Works Contractors' Bond Law of
1967," the successful bidder shall furnish a bond guaranteeing performance of
the contract, in an amount as determined by the supervisors at the time of
advertising for bids which shall be not less than ten percent nor more than
one hundred percent of the amount of the contract, within twenty days after
the contract is awarded. If the bidder fails to furnish the bond within twenty
days, unless delivery is made or the entire contract is fulfilled during that
time, the contract is void. Delivery, accomplishment and guarantees may be
required in all cases, including the exceptions contained in this section.
((g) amended Dec. 19, 1996, P.L.1412 , No. 181)
(h) The contracts or purchases made by the board of supervisors involving
payments in excess of the required advertising amount, which do not require
advertising, bidding or price quotations are as follows:
(1) Those made for emergency or routine maintenance, repairs or replacements
for water, electric light and other public works of the township if they do
not constitute new additions, extensions or enlargements of existing
facilities and equipment.
(2) Those made for improvements, repairs or maintenance of any kind made or
provided by any township through its own employes. All contracts or purchases
of materials used for improvement, maintenance or construction in excess of
four thousand dollars ($4,000) but less than the required advertising amount
are subject to the provisions contained in subsection (b), and those contracts
or purchases in excess of the required advertising amount are subject to the
advertising requirements contained in subsection (a).
(3) Those involving any policies of insurance or surety company bonds, those
made for public utility service, those made for electricity, natural gas or
telecommunications service either directly or with an association authorized
under article XIV in which the township is a member and those made with
another municipal corporation, county, school district or municipality
authority or Federal or State Government, including the sale, leasing or loan
of any supplies or materials by the Federal or State Government or their
agencies. ((3) amended October 11, 2000, P.L.535, No. 70)
(4) Those involving personal or professional services.
(5) Those made for materials and supplies or equipment rental under emergency
conditions under 35 Pa.C.S. Pt. V (relating to emergency management services).
(6) Those contracts 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 through its own employes.
(7) Those contracts 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.
(8) Those for used equipment, articles, apparatus, appliances, vehicles or
parts thereof being purchased from a public utility.
(9) Those where particular types, models or pieces of equipment, articles,
apparatus, appliances, vehicles or parts thereof which are patented and
manufactured products.
((h) amended Dec. 18, 1996, P.L.1412, No. 172)
(i) No township official, either elected or appointed, or township employe who
knows, or who by the exercise of 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 the township involving the
payment by the township of more than five hundred dollars ($500) in any year
unless the contract is awarded through the public bid process. This limitation
does not apply if the 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 the officer cannot possibly
be benefited thereby, either financially or otherwise. If a supervisor is
within this exception, the supervisor shall so inform the board of supervisors
and refrain from voting on the payments and shall in no manner participate in
the contract. Any official or appointee who knowingly violates this provision
is subject to surcharge to the extent of the damage shown to be sustained by
the township, is ousted from office or employment and commits a misdemeanor of
the third degree.
(j) Contracts for the purchase of materials or rental of equipment for the
construction, reconstruction, maintenance and improvement of roads and bridges
shall be in writing and let only on standard specifications of the Department
of Transportation.
(k) Contracts for the purchase of materials or supplies may be bid on a
per-unit basis.
(l) Every contract for the construction, reconstruction, alteration, repair,
improvement or maintenance of public works shall comply with the act of March
3, 1978 (P.L. 6, No. 3), known as the "Steel Products Procurement Act."
(m) 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 supervisors.
(2) The board of supervisors must approve the sharing of any fee or
compensation for personal or professional services before the performance of
the services.
(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 the commensurate for similar personal or
professional services.
Section 3103. Road Contracts.-The board of supervisors may
make a contract for the improvement and keeping in repair of township roads.
No contract shall extend over a period of more than four years. Every
contractor for road work shall give bond for the amount of the contract and
sign specifications furnished by the board of supervisors for the building and
care of the contract roads.
Section 3104. Evasion of Advertising Requirements.-(a) No
supervisor shall evade the provisions of section 3101 as to advertising for
bids by purchasing or contracting for services and personal properties
piecemeal to obtain prices under the required advertising price. This
provision 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 the required advertising price, when the transactions
involved should have been made as one transaction for one price. Any
supervisors who vote in violation of this provision and who know that the
transaction upon which they vote is or ought to be part of a larger
transaction and that it is being divided in order to evade the requirements as
to advertising for bids are jointly and severally subject to surcharge for ten
percent of the full amount of the contract or purchase.
(b) Any supervisor who votes to unlawfully evade the provisions of this
article and who knows that the transaction upon which he so votes is or ought
to 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).
Section 3105. Bonds for Protection of Labor and Material
Suppliers.- Before any contract exceeding five thousand dollars ($5,000) is
awarded to any prime contractor or construction manager for the construction,
reconstruction, alteration or repair of any building or other public work or
public improvement of the township, 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 one
hundred percent of the contract amount, conditioned for the prompt payment of
all materials furnished or labor supplied or performed in the prosecution of
the contract under the act of December 20, 1967 (P.L. 869, No. 385), known as
the "Public Works Contractors' Bond Law of 1967."
Section 3106. Purchase Contracts for Supplies and
Equipment; Fire Company, Et Cetera; Participation.-The board of supervisors
may permit any 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 supplies and equipment of the township and agreeing
that it will be bound by any terms and conditions the township prescribes.
Section 3107. Separate Specifications for Branches of
Work.-In the preparation of specifications for the erection or alteration of
any public building, when the entire cost of the work exceeds the advertising
requirement price, the architect, engineer or person preparing the
specifications shall prepare separate specifications for the plumbing,
heating, ventilating and electrical work, and the township shall receive
separate bids upon each of those branches of work and award the contract to
the lowest bidder.
Section 3108. Workers' Compensation Insurance.-(a) All
contracts executed by any township which involve the construction or
performance of any work involving the employment of labor shall contain a
provision that the contractor shall accept, and file with the township proof
of compliance with or exemption from, insofar as the work covered by the
contract is concerned, the act of June 2, 1915 (P.L. 736, No. 338), known as
the "Workers' Compensation Act."
(b) Any contract executed in violation of this section is void.
Section 3109. Engineers and Architects Not to be
Interested in Contracts.-(a) No architect or engineer in the employ of a
township and engaged in the preparation of plans, specifications or estimates
may bid on any public work at any letting of the work in the township.
(b) An officer of a township who is charged with letting any public work may
not award a contract to any architect or engineer in the employ of the
township.
(c) An architect or engineer in the employ of a township may not be interested
in any contract for public work in the township or receive any remuneration or
gratuity from any person interested in any contract except under section
3102(1).
(d) Any person who violates this section commits a misdemeanor of the third
degree.
ARTICLE XXXII TAXATION AND FINANCE
Section 3201. Fiscal Year.-The fiscal year in
townships commences on the first day of January in each year. All receipts,
disbursements, contracts and purchases shall be entered as of record in the
fiscal year in which made.
Section 3202. Annual Budget.-(a) The board of supervisors
shall 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 expenses of the township for the year for which the budget is
prepared. A township shall not prepare and advertise notice of a proposed
budget when it is knowingly inaccurate. Upon any revision of the proposed
budget, if the estimated revenues or expenses in the final budget are
increased more than ten percent in the aggregate or more than twenty-five
percent in any major category over the proposed budget, it may not be legally
adopted with those increases unless it is again advertised once, the same as
the original proposed budget, and an opportunity given to taxpayers to examine
the amended proposed budget. A major category is a group of related revenue or
expense items, the combined total of which is listed as a line item. The
budget shall be prepared on a uniform form prepared and furnished under
section 3203. The estimates in the budget shall specify the amount of money
necessary for each governmental activity of the township for which a special
tax levy may or may not be authorized and the amount of money necessary for
the payment of debts and other miscellaneous purposes.
(b) Upon the preparation of the proposed budget, the board of supervisors
shall give public notice by advertisement once in one newspaper of general
circulation in the township that the proposed budget is available for public
inspection at a designated place in the township. After the proposed budget
has been available for public inspection for twenty days, the board of
supervisors shall, after making revisions as are appropriate, adopt the final
budget not later then the thirty-first day of December and the necessary
appropriation measures required to put it into effect.
(c) The total appropriation shall not exceed the revenues estimated as
available for the fiscal year.
(d) During the month of January next following any municipal election, the
board of supervisors 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 the 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 in the township, shall intervene between the adoption of the
proposed amended budget and the final adoption of the amended budget. Any
amended budget must be adopted by the board of supervisors on or before the
fifteenth day of February. No proposed amended budget shall before final
adoption be revised upward in excess of ten percent in the aggregate or in
excess of twenty-five percent of the amount of any major category in the
proposed amended budget. A major category is a group of related revenue or
expense items, the combined total of which is listed as a line item.
(e) The board of supervisors may by resolution make supplemental
appropriations for any purpose from any funds on hand or estimated to be
received within the fiscal year and not otherwise appropriated, including the
proceeds of any borrowing authorized by law. Supplemental appropriations may
be made whether or not an appropriation for that purpose was included in the
original budget as adopted.
(f) The board of supervisors may by resolution transfer unencumbered moneys
from one township account to another, but no moneys 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 shall not
be made during the first three months of the fiscal year. No moneys shall be
paid out of the township treasury except upon appropriation made according to
law.
(3202 amended June 22, 2000, P.L.329, No.35)
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the
Department of Community and Economic Development and abolished the Department
of Community Affairs, provided that all other powers and duties delegated to
the Department of Community Affairs not otherwise expressly transferred
elsewhere by Act 58 and currently performed by the Department of Community
Affairs under section 3202 are transferred to the Department of Community and
Economic Development.
Section 3203. Uniform Report Forms.-(a) The uniform forms
for the annual financial report required to be made by the auditors shall be
prepared by a committee consisting of four representatives of the State
Association of Township Supervisors and one representative each from the
Department of Transportation and the Department of Community and Economic
Development.
(b) Representatives of the State Association of Township Supervisors shall be
appointed by the president of that organization. The representatives may be
township supervisors, auditors or secretaries and should represent townships
in the various population groups. The president of the State Association of
Township Supervisors shall supply to the Department of Community and Economic
Development the names and addresses of the representatives immediately upon
their appointment.
(c) Representatives of the townships shall serve without compensation but
shall be reimbursed by the Commonwealth for all necessary expenses incurred in
attending meetings of the committee from appropriations made to the Department
of Community and Economic Development. The committee shall meet at the call of
the Secretary of Community and Economic Development, or an agent of the
secretary, who shall chair the committee.
(d) (Deleted by amendment)
(e) The Department of Community and Economic Development shall prepare and
furnish the forms required by this act in cooperation with the committee. If
the committee fails to cooperate, the Department of Community and Economic
Development shall issue the forms and distribute them annually, as needed, to
the proper township officers.
(3202 amended June 22, 2000, P.L.329, No. 35)
Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the
Department of Community and Economic Development and abolished the Department
of Community Affairs, provided that all other powers and duties delegated to
the Department of Community Affairs not otherwise expressly transferred
elsewhere by Act 58 and currently performed by the Department of Community
Affairs under section 3202 are transferred to the Department of Community and
Economic Development.
Section 3204. Investment of Township Funds.-(a) The board
of supervisors may:
(1) Make investment of township sinking funds as authorized by the act of July
12, 1972 (P.L. 78 1, No. 185), known as the "Local Government Unit Debt Act."
(2) Make investment of moneys in the general fund and in special funds of the
township.
(3) Liquidate any 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 board of
supervisors.
(b) The board of supervisors shall invest township funds consistent with sound
business practice.
(c) The board of supervisors shall provide for an 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 supervisors.
(d) Authorized types of investments of township funds are:
(1) United States Treasury bills.
(2) Short-term obligations of the Federal Government or its agencies or
instrumentalities.
(3) Deposits in savings accounts or time deposits, other than certificates of
deposit, or share accounts of institutions insured by the Federal Deposit
Insurance Corporation, the National Credit Union Share Insurance Fund, the
Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings
Association Insurance Corporation, or their successor agencies, to the extent
that the accounts are so insured and, for any amounts above the insured
maximum, if approved collateral therefor is pledged by the depository.
(4) 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, of 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.
(5) Shares of an investment company registered under the Investment Company
Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-l et seq.), whose shares are
registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et
seq.), if the only investments of that company are in the authorized
investments for township funds listed in paragraphs (1) through (4).
(6) Certificates of deposit purchased from institutions insured by the Federal
Deposit Insurance Corporation, the National Credit Union Share Insurance Fund,
the Pennsylvania Deposit Insurance Corporation or the Pennsylvania Savings
Association Insurance Corporation, or their successor agencies, to the extent
that the accounts are so insured. However, for any amounts above the insured
maximum, the certificates of deposit shall be secured by a pledge or
assignment of assets of the institution, and the collateral may include loans,
including interest in pools of loans, secured by first mortgage liens on real
property. 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.
(7) Any investment authorized by 20 Pa.C.S. Ch. 73 (relating to fiduciaries
investments). This paragraph is limited to investments for any pension or
retirement fund.
(e) In making investments of township funds, the board of supervisors may:
(1) Permit assets pledged as collateral under subsection (d)(3) to be pooled
under 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; 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."
(2) Combine moneys from more than one fund under township control for the
purchase of a single investment if each of the funds combined for the purpose
is accounted for separately in all respects and the earnings from the
investment are separately and individually computed and recorded and credited
to the accounts from which the investment was purchased.
(3) Join with one or more other municipal corporations, municipality
authorities or school districts under the act of July 12, 1972 (P.L. 762, No.
180), referred to as the Intergovernmental Cooperation Law, in the purchase of
a single investment if the requirements of paragraph (2) on separate
accounting of individual funds and separate computation, recording and
crediting of the earnings therefrom are adhered to.
Section 3205. Township and Special Tax Levies.-(a) The
board of supervisors may by resolution levy taxes upon all real property
within the township made taxable for township purposes, as ascertained by the
last adjusted valuation for county purposes, for the purposes and at the rates
specified in this section. All taxes shall be collected in cash.
(1) An annual tax not exceeding fourteen mills for general township purposes.
If the board of supervisors petitions the court of common pleas for the right
to levy additional millage, the court may order a greater rate than fourteen
mills, but not exceeding five additional mills, to be levied.
(2) An annual tax not exceeding five mills to light the highways, roads and
other public places in the township.
(3) An annual tax not exceeding fifty percent of the rate of assessment for
the general township tax to procure land and erect public buildings thereon
and for the payment of indebtedness incurred in connection therewith.
(4) An annual tax not exceeding three mills to purchase and maintain fire
apparatus and a suitable place to house fire apparatus, to make appropriations
to fire companies located inside and outside the township, to make
appropriations for the training of fire company personnel and for fire
training schools or centers and to contract with adjacent municipal
corporations or volunteer fire companies therein for fire protection. If an
annual tax is proposed to be set at a level higher than three mills, the
question shall be submitted to the voters of the township.
((4) amended Dec. 18, 1996, P.L.1154, No. 175)
(5) A tax not exceeding two mills to establish and maintain fire hydrants and
fire hydrant water service.
(6) A tax to acquire, maintain and operate parks, playgrounds, playfields,
gymnasiums, swimming pools and recreation centers.
(7) An annual tax sufficient to pay interest and principal on any indebtedness
incurred under the act of July 12, 1972 (P.L. 781, No. 185), known as the
"Local Government Unit Debt Act."
(8) An annual tax not exceeding one-half mill to support ambulance and rescue
squads serving the township. If an annual tax is proposed to be set higher
than one-half mill, the question shall be submitted to the voters of the
township.
(9) 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 the
property owners. A revolving find 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 the owners of the property adjoining
or abutting upon the improvement, the collections shall be applied to the
credit of the revolving fund to the extent of the withdrawal therefrom for
that purpose.
(10) An annual special tax not exceeding two mills to create and accumulate
moneys in a road equipment fund to be used exclusively for purchasing road
equipment.
(b) When it is shown to the court that the debts due by any township exceed
the amount which the board of supervisors 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 supervisors, by special taxation,
to collect an amount sufficient to pay the debts. If the amount of
indebtedness is so large as to render it inadvisable to collect the entire
amount in any one year, the court may direct the special taxes to be levied
and collected during successive years as may be required for payment of the
debt.
Compiler's Note: The act of July 12, 1972 (P.L.781, No. 185), known as the
Local Government Unit Debt Act, referred to in subsec. (a)(7), was repealed by
the act of December 19, 1996, P.L.1158, No. 177. The subject matter is now
contained in 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and
borrowing).
Section 3206. Procedure for Referendum on Tax
Questions.-When the assent of the electors is required under this article for
special tax levies, the county board of elections shall frame the question
under the election laws of this Commonwealth for submission to the voters of
the township at the first municipal or general election occurring not less
than sixty days after submission of the question.
Section 3207. Taxes for Special Districts.-This article
does not include the levy of any taxes upon particular districts or parts of
any township for particular purposes.
Section 3208. Tax Rate to be Expressed in Dollars and
Cents.-When the board of supervisors by resolution establishes the rate of
taxation for any year at a mill rate, the resolution shall also include a
statement expressing the rate of taxation in dollars and cents on each one
hundred dollars ($100) of assessed valuation of taxable property.
Section 3209. Tax Duplicates.-The board of supervisors
shall require a duplicate to be made designating the amount of township tax
levied against each taxpayer of the township, and also duplicates for all
other taxes levied and assessed under this act, and deliver the duplicate
within thirty days after the adoption of the budget or within thirty days
after receipt of the assessment roll from the county, whichever is later, to
the township tax collector.
Section 3210. Additions and Revisions to Duplicates.-(a)
When there is any construction of a building or buildings not otherwise exempt
as a dwelling after the first day of January 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
supervisors direct the assessor in the township to inspect and reassess,
subject to the right of appeal and adjustment by the State law under which
assessments are made, all taxable property in the township to which major
improvements have been made after the first day of January 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 property shall be
added to the duplicate and is 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 supervisors to the township tax collector, together
with its warrant for collection of the taxes, and within ten days the township
tax collector shall notify the owner of the property of the taxes due in the
township.
(b) 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.
ARTICLE XXXIII COLLECTION OF ASSESSMENTS
Section 3301. Assessments Collected by Tax
Collector.-(a) When any assessment for streetlights, fire hydrant service,
police protection or other service is implemented by the board of supervisors
and charged to the tax collector for collection, assessments for the service
shall be filed with the township tax collector. The tax collector shall give
thirty days' notice that the assessments are due and payable. The notice shall
state the due date to each party assessed and be served by mailing notice to the
owner of the property. The tax collector is entitled to the same commission for
the collection of these assessments as for the collection of the general
township tax. If any assessment remains unpaid ninety days after the due date,
it shall be turned over to the township solicitor for collection by means of an
action in assumpsit for recovery or a municipal lien filed against the property
of the delinquent owner for the amount of the unpaid assessment, plus interest
established by the board of supervisors from the date the assessment was due. If
an owner has two or more lots against which there is an assessment for the same
year, the lots shall be embraced in one claim. Assessments, when collected,
shall be paid over to the township treasurer, who shall deposit and keep them in
a separate account, to be paid out only for expenses incurred in providing the
service. Each special assessment account shall be audited by the board of
auditors of the township.
(b) When any assessment for refuse collection in special districts or other
service is charged against the owners, occupants or tenants of property within
the township, the collection of which is charged to the tax collector, the
assessments for the service shall be filed with the tax collector. The tax
collector shall give thirty days' notice that the assessments are due and
payable. The notice shall state the due date to each party assessed and be
served by mailing to the owner, occupant or tenant of the property. The tax
collector is entitled to the same commission for the collection of these
assessments as for the collection of the general township tax. If any assessment
remains unpaid ninety days after the due date, it shall be turned over to the
township solicitor for collection by action in assumpsit for the amount of the
unpaid assessment, plus interest established by the board of supervisors from
the date the assessment was due and all costs incurred in the collection of the
assessment. Assessments, when collected, shall be paid over to the township
treasurer, who shall deposit and keep them in a separate account, to be paid out
only for expenses incurred in providing the service. Each special assessment
account shall be audited by the board of auditors of the township.
Section 3302. Assessments Collected by Township
Treasurer.-(a) When any assessment for construction, maintenance and repair of
street, sewer, water, sidewalks, curbs or other service is implemented by the
board of supervisors, the collection of which is not charged to the tax
collector, the assessments for the service shall be filed with the township
treasurer. The township treasurer shall give thirty days' notice that the
assessments are due and payable. The notice shall state the due date to each
party assessed and shall be served by mailing it to the owner of the property.
If any assessment remains unpaid ninety days after the due date, it shall be
turned over to the township solicitor for collection by means of an action in
assumpsit for recovery or a municipal lien filed against the property of the
delinquent owner for the amount of the unpaid assessment, plus interest
established by the board of supervisors from the date the assessment was due.
If an owner has two or more lots against which there is an assessment for the
same year, the lots shall be embraced in one claim. Upon receipt of payment of
assessments, the township treasurer shall deposit the assessments in a
separate account, to be paid out only for expenses incurred in providing the
service. Each special assessment account shall be audited by the board of
auditors of the township.
(b) When any assessment for refuse collection or other service is charged
against the owners, occupants or tenants of property within the township, the
collection of which is not charged to the tax collector, the assessments shall
be filed with the township treasurer. The township treasurer shall give thirty
days' notice that the assessments are due and payable. The notice shall state
the due date to each party assessed and be served by mailing it to the owner,
occupant or tenant of the property. If any assessment remains unpaid ninety
days after the due date, it shall be turned over to the township solicitor for
collection by action in assumpsit for the amount of the unpaid assessment,
plus interest established by the board of supervisors from the date the
assessment was due and all costs incurred in the collection of the assessment.
Upon receipt of the assessments, the township treasurer shall deposit and keep
them in a separate account, to be paid out only for expenses incurred in
providing the service. Each special assessment account shall be audited by the
board of auditors of the township.
Section 3303. Installment Payments.-(a) When any township
authorizes the construction or acquisition of any sanitary sewer or system of
sanitary sewers, or the improvement of any street or portion thereof, or the
installation of curbing or sidewalks, or a water supply or water systems, and
all or part of the cost is assessed against the properties benefited, improved
or accommodated by the sewer or system of sewers, or curbing or sidewalks, or
water supply, or abutting upon the street or portion thereof, the board of
supervisors may authorize the payment of the assessment in equal annual or
more frequent installments. The ordinance shall specify the length of time
over which the installments may be extended and whether payments are to be
made by annual or more frequent installments. Installments shall bear interest
at a rate not to exceed six percent or a higher amount equal to the amount of
interest on the indebtedness, if any, commencing at the time established by
ordinance. If bonds have been issued and sold to provide for the payment of
any street improvement, the assessments shall not be payable beyond the term
for which the bonds are issued, and the expenses for the improvements and
interest thereon to the first day when interest is payable on the bonds shall
be taken as the cost of the improvement to be assessed on the property
benefited.
(b) Claims to secure the assessments shall be entered in the prothonotary's
office of the county at the same time and in the same form and shall be
collected in the same manner as municipal claims are filed and collected.
(c) Assessments are payable to the township treasurer in quarterly,
semi-annual or annual installments, with interest from the date from which
interest is computed on the amount of the assessments.
(d) If there is a default in the payment of any installment and interest for a
period of sixty days after it becomes due, the entire assessment and accrued
interest shall become due, and the township solicitor shall proceed to collect
the assessment under the general laws relating to the collection of municipal
claims.
(e) Any owner of property against whom any assessment is made may pay the
assessment in full, at any time, with interest and costs thereon to the due
date of the next installment, and that payment shall discharge the lien.
ARTICLE XXXIV
EMINENT DOMAIN; ASSESSMENT OF
DAMAGES AND BENEFITS
Section 3401. Scope of Article.-When the right
of eminent domain or the ascertainment and assessment of damages and benefits in
viewer proceedings is exercised by a township, the proceeding shall be as set
forth in this article. In addition to any of the provisions of this act, all
eminent domain proceedings shall conform to the act of June 22, 1964 (Sp.Sess.,
P.L. 84, No. 6), known as the "Eminent Domain Code."
Section 3402. Restrictions as to Certain Property.-(a) In
addition to the restrictions made by other provisions of this act in
particular cases, no township shall, except as provided in subsection (b),
exercise the right of eminent domain 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 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 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 is taken as ended on September 3, 1783.
(b) The restriction on eminent domain provided in subsection (a) shall not
apply:
(1) if a township in a county of the second class A obtains a statement from
the Pennsylvania Historical and Museum Commission or the historical society of
the county where the land is situate certifying that the building or other
structure, the existence of which would otherwise restrict the township from
exercising the right of eminent domain, is not being maintained in a manner
appropriate to an historical structure; and
(2) if the purpose of the acquisition of the land and structures by a township
in a county of the second class A is to ensure the preservation and
maintenance of the historical site and structure sought to be protected by
subsection (a).
Section 3403. Value of Land or Property Not to be Assessed
as Benefits.-In the appropriation of land or property for public use, other
than for roads, it is not lawful to assess any portion of the damage done to
or value of the land or property so appropriated against the other property
adjoining or in the vicinity of the land or property so appropriated.
Section 3404. Title Acquired.-When land or property is
taken under eminent domain proceedings, other than for road purposes, or is
acquired by gift, purchase or otherwise, the title obtained by the township is
in fee simple. In particular instances, a different title may by agreement be
acquired.
Section 3405. 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 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 properties peculiarly benefited, including in the
assessment all parties for which damages have been allowed, and shall report
the findings to the court. The total assessment for benefits shall not exceed
the total damages awarded or agreed upon.
Section 3406. Assessment Awards.-In proceedings to assess
damages and benefits, if the land or property is both benefited and damaged by
the improvements, the excess of damages over benefits or the excess of
benefits over damages, or nothing if the benefits and damages are equal, shall
be awarded to or assessed against the owner of land or property affected
thereby.
Section 3407. Assessments to Bear Interest.-All
assessments for benefits and costs shall bear interest at six percent annually
from the expiration of thirty days after they have been finally ascertained
and shall be payable to the township treasurer.
ARTICLE XXXV VIOLATION OF ACT GENERALLY
Section 3501. Violation of Act Generally;
Penalty.-Any township supervisor, elected or appointed township official or
employe, roadmaster or contractor or any other person, including any corporation
officer or employe, who violates any of the provisions of this act, other than
those for which specific penalties are provided, or who fails to carry out the
provisions of this act commits a summary offense. All fines collected for
violation of this act shall be paid to the township treasurer and credited to
the general township fund.
ARTICLE XXXVI ACTIONS BY TOWNSHIPS
Section 3601. Recovery of Municipal Claims.-(a)
In addition to the remedies under law for the filing of liens for the collection
of municipal claims, a township may proceed for the recovery and collection of
any municipal claim by action of assumpsit against the person who was the owner
of the property when the improvement was completed, even if 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, and for the recovery of which
the action of assumpsit was brought.
(b) Any action in assumpsit shall be commenced within three years after the
completion of the improvement from which the claim arises.
ARTICLE XXXVII REPEALS
Section 3701. Repeals.-{a) Nothing contained in
this act revives any act, or part of any act, repealed by the act reenacted,
amended or revised by this act.
(b) The following additional acts or parts of acts are hereby repealed as
respectively indicated:
Act of May 1, 1913 (P.L. 155, No. 104),
entitled "An act regulating the letting of certain contracts for the erection,
construction, and alteration of public buildings," insofar as it relates to
townships of the second class.
Act of May 10, 1923 (P.L. 198, No. 144), entitled "An act
authorizing courts of quarter sessions to commit the care of certain burial
grounds to the councils of boroughs, township commissioners and township
supervisors of townships; and requiring boroughs and townships to pay the
expenses in connection therewith," insofar as it relates to townships of the
second class.
Act of June 22, 1931 (P.L. 844, No. 274), 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," insofar as it relates to townships of the second class.
Act of May 1, 1935 (P.L. 124, No. 47), 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," insofar as it relates to townships of the
second class.
Act of July 18, 1935 (P.L. l173, No. 382), entitled "An
act to prohibit discrimination on account of race, creed or color in
employment under contracts for public buildings or public works," insofar as
it relates to townships of the second class.
Act of March 16, 1937 (P.L. 98, No. 26), 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," insofar as it relates to
townships of the second class.
(c) All other acts and parts of acts inconsistent with this act are repealed.
(d) This act does not repeal or modify any of the provisions of 66 Pa. C.S.
(relating to public utilities); nor any local or special law; nor any law
relating to the Board of Commissioners of Navigation for the River Delaware
and its navigable tributaries; nor the provisions of any law the enforcement
of which is vested in the Department of Health or the Department of
Environmental Resources; nor does this act repeal or modify any of the
provisions of any statute amendatory of law in force at the time of the
passage of this act or otherwise enacted at the session of the
General Assembly of 1995, whether the acts were adopted before the passage of
this act or after the passage of this act; nor does this act repeal any act,
or part thereof, in force at the time of the passage of this act which is
amended by any statute enacted at the session of the General Assembly of 1995,
shall be retroactive to November 1, 1994.
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