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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 |
