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Citizens Of East Hanover Action Alert Group A Non-Profit Citizen Organization Based Upon The New England Township Meeting Concept! East Hanover Township, Dauphin County, Pennsylvania |
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2ND CLASS TOWNSHIP CODE
ARTICLE I 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: 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 The repeal by this act of any State law or part thereof does not revive any act or part thereof previously repealed or superseded The provisions of this act do not affect any act done, liability incurred or right accrued or vested or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of any repealed laws.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, 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: 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. 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. 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 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: 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.
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.
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. 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. 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. 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. 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. 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) 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. Section 606. Compensation of Supervisors.---(a)
Supervisors may receive as compensation an amount established by ordinance not
in excess of the following: 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. 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. 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. 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: 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. 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. 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. 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. 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 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:
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.
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. 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.
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. 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. 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) 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. 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. 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. 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. 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: 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: 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. Section 1537. Burial Plots of Service Persons.-The board of supervisors may purchase plots of ground in any cemetery or burial ground for the interment of deceased or former service men and women who at the time of their death maintained legal residence within the township. Section 1538. Care of Memorials.-The board of supervisors may maintain and repair any soldiers' monument or memorial existing or erected within the township and may receive funds from persons or organizations for those purposes. Section 1539. Libraries.-The board of supervisors may, in accordance with the act of June 14, 1961 (P.L. 324, No. 188), known as "The Library Code," appropriate moneys toward any nonprofit association or corporation which operates or conducts a library or contract with or make grants to counties or municipal corporations for the furnishing of library service to the township. Section 1540. Observances and Celebrations.-The board of supervisors may appropriate moneys for the observance of holidays, centennials or other anniversaries or for township celebrations or civic projects or programs. Section 1541. Historical Property.-The board of supervisors may acquire by purchase or by gift, repair, supervise, operate and maintain ancient landmarks and other property of historical or antiquarian interest and make appropriations to nonprofit associations or corporations organized to acquire and maintain historical properties. Section 1542. Community Development.-The board of supervisors may undertake community development programs, including, but not limited to, urban renewal, public housing, model cities programs and neighborhood development projects. Section 1543. Industrial Promotion.-The board of supervisors may make appropriations to an industrial development agency. Section 1544. Tourist Promotion Agencies.-The board of supervisors may appropriate moneys not in excess of ten cents (10¢) for each resident of the township, as determined by the latest official census, to any tourist promotion agency, as defined in the act of April 28, 1961 (P.L. l11, No. 50), known as the "Tourist Promotion Law," to assist the agencies in carrying out tourist promotional activities. Section 1545. Nonprofit Art Corporations.-The board of supervisors may appropriate moneys, not exceeding an amount equal to one mill of the real estate tax, to any nonprofit art corporation for the conduct of its artistic and cultural activities. For the purposes of this section, the term "nonprofit art corporation" means a local arts council, commission or coordinating agency or any other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts and the term "artistic and cultural activities" includes the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing. Section 1546. Neighborhood Crime Watch Programs.-The board of supervisors may appropriate moneys toward a neighborhood crime watch program. No township or township official is subject to contractual, tort or other liability as a result of making an appropriation under this section. Section 1547. Public Rewards.-The board of supervisors may offer rewards for information leading to the arrest and conviction of persons who commit capital or other crimes within the township or for the violation of any township ordinance. Section 1548. Municipality Authorities.-The board of supervisors may by ordinance or resolution individually or in cooperation with other municipal corporations form municipality authorities as authorized by the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945," specify the project or projects to be undertaken by the authorities, appoint members and establish their compensation. Section 1549. Racetracks.-(a) In addition to the powers and
duties imposed upon the township supervisors by this act or any other provision
of law, the township supervisors shall have the power and duty to secure the
health, safety and welfare of persons and property by adopting an ordinance
prohibiting the conducting of live horse race meets by a licensed corporation at
a racetrack located within the area of fifty air miles from the center of an
existing, currently licensed racetrack, notwithstanding the provisions of the
act of December 17, 1981 (P.L. 435, No. 135), known as the "Race Horse Industry
Reform Act," provided that a majority of electors of the township approve a
referendum pursuant to subsection (h) prohibiting the conducting of such horse
race meets within the township. Section 1550. Conservation District.-The board of supervisors
may make appropriations to a conservation district as defined in the act of May
15, 1945 (P.L.547, No.217), known as the "Conservation District Law." ARTICLE XVI ORDINANCES
Section 1601. Ordinances.-(a) The board of supervisors may adopt
ordinances in which general or specific powers of the township may be exercised,
and, by the enactment of subsequent ordinances, the board of supervisors may
amend, repeal or revise existing ordinances. All proposed ordinances, whether
original, amended, repealed, revised, consolidated or codified, shall be
published not more than sixty days nor less than seven days before passage at
least once in one newspaper circulating generally in the township. Public
notices shall include either the full text or a brief summary of the proposed
ordinance which lists the provisions in reasonable detail and a reference to a
place within the township where copies of the proposed ordinance may be
examined. If the full text is not included, a copy shall be supplied to the
publishing newspaper when the notice is published, and an attested copy shall be
filed within thirty days after enactment in the county law library or other
county office designated by the county commissioners, who may impose a fee no
greater than that necessary to cover the actual costs of storing the ordinances.
The date of such filing shall not affect the effective date of the ordinance,
the validity of the process of the enactment or adoption of the ordinance; nor
shall a failure to record within the time provided be deemed a defect in the
process of the enactment or adoption of such ordinance. If substantial
amendments are made in the proposed ordinance, before voting upon enactment, the
board of supervisors shall at least ten days before enactment readvertise in one
newspaper of general circulation in the township a brief summary setting forth
all the provisions in reasonable detail, together with a summary of the
amendments. Ordinances shall be recorded in the ordinance book of the township
and are effective five days after adoption unless a date later than five days
after adoption is stated in the ordinance. ARTICLE XVII PUBLIC BUILDINGS Section 1701. Township Buildings.-(a) The board
of supervisors may procure by purchase, gift, devise or the exercise of eminent
domain a lot or lots of ground located within the township and erect or use
buildings thereon for township purposes. No land or property used for any
cemetery, burying ground, public or parochial school, educational or charitable
institution, seminary or place of public worship shall be taken or appropriated
under this section. Section 1702. Use of Public Land Acquired for Other Purposes.-When the board of supervisors desires to take any public lands previously granted or dedicated to a use or purpose for which they are no longer used, it shall pass an ordinance declaring its intention and shall petition the court of common pleas for leave to file the bond of the township to secure any person or persons who may be entitled to compensation for the taking. The court shall direct notice to be given by publication in at least one newspaper circulating generally in the township. The court may increase the amount of the bond, shall hear all exceptions that are filed against the petition and the sufficiency of the bond and may grant or deny the request of the petition. Upon the granting of the petition and the approval of the bond, the board of supervisors may enter lands for the purposes of erecting public buildings. The bond, which shall be in the name of the Commonwealth for the use of any person or persons who are entitled to damages by reason of the taking of the lands, shall remain on file for their use and benefit. Section 1703. How Damages Are Assessed.-The compensation and damages arising from taking, using and appropriating private or public property for township purposes shall be ascertained, determined, awarded and paid under this act for eminent domain proceedings. Section 1704. Garages and Warehouses.-The board of supervisors may purchase or lease land inside or outside the limits of the township and erect garages, warehouses or other buildings as may be necessary for handling and storing equipment, materials and supplies. ARTICLE XVIII FIRE PREVENTION AND PROTECTION Section 1801. Authority of Board of
Supervisors.-The board of supervisors may provide for fire protection within the
township. Section 1802. Fire Hydrants and Water Supply.-(a) The
board of supervisors may place, replace, operate, maintain and repair or
contract with water companies or municipal authorities for the placing,
replacing, operating, maintaining and repairing of fire hydrants to water
mains, maintaining pressures approved by fire insurance underwriters along
highways, streets, roads and alleys within the township or provide for or
acquire a water supply system equipped to supply sufficient water for the
protection of property from fire. The moneys necessary for providing or
acquiring these fire protection services may be obtained by one of the
following methods: Section 1803. Fire Companies, Facilities and Training.-(a)
The board of supervisors may appropriate moneys for the use of the township or
to fire companies located in the township for the operation and maintenance of
fire companies, for the purchase and maintenance of fire apparatus, for the
construction, repair and maintenance of fire company houses, for training of
fire company personnel and, as set forth in this section, for fire training
schools or centers in order to secure fire protection for the inhabitants of
the township. The fire companies shall submit to the board of supervisors an
annual report of the use of the appropriated moneys for each completed year of
the township before any further payments may be made to the fire companies for
the current year. Section 1804. Ponds, Dams or Impoundments for Fire Protection.-The board of supervisors may construct or contribute moneys for or participate in the construction of ponds, dams or other impoundments to provide water for fire protection for the township. Section 1805. Fire Prevention Code.-The board of supervisors may adopt any standard fire prevention code published and printed in book form as provided under this act for adopting standard codes. Section 1806. Prohibition of Fire-Producing Devices in Certain Retail Stores.-The board of supervisors may by ordinance prohibit the smoking or carrying of lighted cigarettes, cigars, pipes or matches and the use of matches or fire-producing devices in retail stores arranged to accommodate one hundred persons or more or which employ ten or more employes. Any ordinance passed under this section may not prohibit smoking in any restaurant room, rest room, beauty parlor, executive office or any shopping center area designated for smoking. ARTICLE XIX TOWNSHIP POLICE Section 1901. Creating or Disbanding Police Force.-The board of supervisors may by resolution create or disband a police force within the township or, upon the petition of not less than twenty-five registered electors or taxpayers of the township, appoint police officers. Section 1902. Appointment of Police.-The board of
supervisors shall provide for the organization and supervision and determine
the number and the compensation of the police officers. The position of police
officer is incompatible with the office of supervisor, auditor, tax collector,
assessor and manager. The chairman of the board of supervisors may swear in
police officers. The board of supervisors may assign any police officer to
undergo a course of training at any training school for police officers
established or made available by the Federal or State Government and provide
for payment of the officer's expenses while in attendance at the training
school. Section 1903. Contracts to Secure Police Service.-Any township may contract with any municipal corporation to secure the services within the township of the police of the municipal corporation. When any contract is made, the police officers of the employing municipal corporation have all the powers and authority conferred by law on police officers in the township which has contracted to secure police service. Section 1904. Contract to Provide Police Service.-Any township may contract with any municipal corporation to provide police services within the other municipal corporation. When a contract is made, the township police have all the powers and authority conferred by law on police in the municipal corporation which has contracted to secure police service. Section 1905. Powers.-Each township police officer has those powers and abilities as are granted to police officers under the laws of this Commonwealth or the rules of the Supreme Court or the ordinances of the township for which a fine or penalty is imposed unless otherwise excepted in this act. Section 1906. Shield.-Each police officer when on duty shall wear a shield or badge with the words "township police" and the name of the township inscribed thereon. Section 1907. Equipment.-The board of supervisors may provide each police officer with a uniform, equipment and means of transportation and the maintenance thereof Section 1908. Lockups.-The board of supervisors may provide lockup facilities. Section 1909. Certain Compensation Prohibited.-No police officer may charge or accept any fee or other compensation in addition to the salary paid by the township for any service rendered or performed by the police officer, except public rewards. Section 1910. Police Pension Fund.-(a) In those townships
maintaining police forces of less than three full-time police officers, the
board of supervisors may by ordinance or resolution establish a police pension
fund or pension annuity into which each member of the police force may be
required to pay a member contribution of an equal and proportionate charge
which, except to the extent that section 607(c) of the act of December 18,
1984 (P.L. 1005, No. 205), known as the "Municipal Pension Plan Funding
Standard and Recovery Act," applies, shall not exceed annually three percent
of the pay of the member. Section 1911. Police Protection Districts.-On petition of a majority of the property owners of any territory within the township, the board of supervisors may designate the territory as a district for the purpose of providing police protection. The board of supervisors may annually assess the cost of the maintenance of the police protection by an equal assessment on all property benefited by the protection in proportion to the number of feet the property fronts on the street or highway or portion thereof to be protected. The board of supervisors may provide for an equitable reduction from the frontage of lots at intersections or where, due to the irregular shape of lots, an assessment of the full frontage would be inequitable. No assessment shall be made against any farmland, but vacant lots between built-up sections, whether tilled or not tilled, are not farmland. The assessment for each foot front against vacant lots shall be only twenty-five percent of the assessment for each foot front against property with improvements. All assessments for police protection shall be filed with the township tax collector under section 3301(a). Section 1912. Removal of Police Officers.-No person employed as a regular full-time police officer in any police department, except officers appointed for a probationary period of one year or less, shall be suspended, removed or reduced in rank except under the act of June 15, 1951 (P.L. 586, No. 144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class." Section 1913. Auxiliary Police.-The board of supervisors may confirm persons to serve as auxiliary police officers under the act of January 14, 1952 (1951 P.L. 2016, No. 561), entitled "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof". Section 1914. Special Fire Police.-The board of
supervisors may confirm any members of a volunteer fire company to serve as
special fire police under the act of June 18, 1941 (P.L. 137, No. 74),
entitled, as amended, "An act providing for the appointment, powers and
control of members of volunteer fire companies as special fire police, and
conferring powers on them at fires attended by their fire companies in any
city, borough, town, township or home rule municipality." The chairman of the
board of supervisors may swear in special fire police officers. Section 1915. School Crossing Guards.-(a) Upon request of
the board of school directors of a school district located wholly or partially
within the township, the board of supervisors by resolution may appoint school
crossing guards to control and direct traffic at or near schools. The school
crossing guards shall be in uniform and shall be authorized only in the
management of traffic and pedestrians. School crossing guards serve at the
pleasure of the board of supervisors, except as provided in subsection (c) and
are not eligible to join any township pension fund. The board of supervisors
shall determine the compensation of school crossing guards, to be paid by the
township or jointly by the township and the school district in a ratio to be
determined by the two boards. If the township and school district cannot
determine the ratio of compensation to be paid by each board, each board shall
pay one-half of the compensation of the school crossing guards. ARTICLE XX STREET LIGHTS Section 2001. Lighting.-The board of
supervisors may light and illuminate the highways, roads and other public places
of the township and remove, alter or improve lighting as may be appropriate and
in the best interests of the township and make contracts for securing and
maintaining a supply of light. Section 2002. Street Light Districts.-(a) The board of
supervisors may provide streetlights and make regulations therefor within the
township or within any district of the township established by the board of
supervisors for that purpose. Section 2003. Costs.-(a) The board of supervisors may pay
for the cost of public lighting by any one or a combination of the following
means, whether the installation of the lighting was initiated by action of the
board of supervisors or by petition: ARTICLE XXI SOLID WASTE COLLECTION AND DISPOSITION Section 2101. Accumulation of Ashes, Garbage,
Solid Waste and Refuse Materials.-The board of supervisors in the manner
authorized by the act of July 7, 1980 (P.L. 380, No. 97), known as the "Solid
Waste Management Act," and the act of July 28, 1988 (P.L. 556, No. 101), known
as the "Municipal Waste Planning, Recycling and Waste Reduction Act," may
prohibit accumulations of ashes, garbage, solid waste and other refuse materials
upon private property, including the imposition and collection of reasonable
fees and charges for the collection, removal and disposal thereof. Section 2102. Collection.-The board of supervisors may collect and remove, by contract or otherwise, ashes, garbage, solid waste and other refuse materials and recyclables and prescribe penalties for the enforcement thereof. Any contract with refuse haulers may be made for a period not exceeding five years. This limitation does not apply to contracts with any other county or municipal corporation. Section 2103. Disposal.-The board of supervisors may dispose of, by contract or otherwise, ashes, garbage, solid waste and other refuse materials. Any contract with the owner of a private facility for the disposal or incineration of ashes, garbage, solid waste and other refuse materials may be made for a period not exceeding twenty years. This limitation does not apply to contracts with any county or municipal corporation. Section 2104. Acquisition of Land.-The board of supervisors may acquire any real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the township, including equipment, either separately or jointly, with any county or municipal corporation in order to provide for the destruction, collection, removal and disposal of ashes, garbage, solid waste or other refuse materials, for the collection and storage of recyclable materials or for the composting of leaf and yard waste. The board of supervisors may provide for the payment of the cost thereof out of the funds of the township. The board of supervisors may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain, and maintain lands and places for the dumping of ashes, garbage, solid waste and other refuse materials. Section 2105. Charge for Services.-The board of
supervisors may establish, alter, charge and collect rates and other charges
for the collection, removal and disposal of ashes, garbage, solid waste, other
refuse materials and recyclable materials, and the costs of including the
payment of any indebtedness incurred for the construction, purchase,
improvement, repair, maintenance and operation of any facilities therefor, and
the amount due under any contract with any county or municipal corporation
furnishing the services or facilities. Section 2107. Refuse Collection District.-On petition of a majority of the owners, occupants or tenants of any territory inside the township which is definitely defined, set apart and limited by the board of supervisors as a refuse collection district, either with township employes and facilities or with independent contractors, the board of supervisors may provide for the removal from the refuse collection district of ashes, garbage, solid waste or other refuse materials and for the disposal thereof, including the collection and marketing of recyclable materials. The board of supervisors may levy an assessment upon all owners, occupants or tenants of the district sufficient to defray the cost of the removal, disposal or marketing under section 3301(b). Section 2108. Exclusion from Bidding Requirements.-A township shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the township when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L. 70, No. 21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding." ARTICLE XXII PARKS, RECREATION CENTERS AND FORESTS Section 2201. Acquisition of Lands and
Buildings.-The board of supervisors may designate lands or buildings owned,
leased or controlled by the township for use as parks, playgrounds, playfields,
gymnasiums, swimming pools, indoor recreation centers, public parks and other
recreation areas and facilities and acquire lands or buildings by lease, gift,
devise, purchase or by the exercise of the right of eminent domain for
recreational purposes and construct and equip facilities for recreational
purposes. Section 2202. Recreation Facilities Employes.-The board of supervisors may employ persons to maintain the recreation facilities or supervise the use of the recreation facilities. Section 2203. Regulation of Parks and Public
Amusements.-(a) The board of supervisors may by ordinance regulate the use and
enjoyment by the public of any park or recreation grounds owned and operated
by the township or charitable organizations for the use of the public. Section 2204. Creation of Recreation Boards.-(a) The board
of supervisors may by ordinance create a recreation board to supervise,
regulate, equip and maintain township-funded recreation programs and
facilities. The recreation board has only those powers specifically delegated
to it by the board of supervisors. Section 2205. Joint Ownership and Maintenance.-The board of supervisors may join with any one or more municipal corporations, counties or school districts to acquire, create, equip, maintain and operate any park or recreation area to serve residents of the township under the act of July 12, 1972 (P.L. 762, No. 180), referred to as the Intergovernmental Cooperation Law. Section 2206. Expenses for Maintenance.-All expenses incurred in the operation of parks, recreation areas and facilities are payable from the general township fund or from the treasury of the municipal corporations, counties or school districts under the agreement of the corporate authorities. Section 2207. Forest Lands.-(a) Townships may acquire, by
purchase, gift or lease, and hold tracts of land covered with forest or tree
growth, or suitable for the growth of trees, and administer the tracts under
the direction of the Department of Conservation and Natural Resources. The
tracts may be of any size suitable for the purpose and may be located inside
or outside the township limits. ARTICLE XXIII ROADS, STREETS, BRIDGES AND HIGHWAYS Section 2301. Road and Bridge Maintenance,
Repair and Construction.-(a) The board of supervisors may purchase or hire
materials, equipment, machinery and implements necessary for the construction,
repair and maintenance of roads and bridges and make and maintain bridges over
streams, gullies, canals and railroads where bridges are necessary for the ease
and safety of travelers. The bridges shall be deemed to be a part of the road. Section 2302. Duties of Roadmasters.-The roadmasters
shall: Section 2304. Power to Lay Out, Open, Widen, Vacate, Et
Cetera.- Section 2305. Hearing; Report; Exceptions Thereto; View
and Notice.- Section 2306. Width of Public Roads.-The width of the right-of-way of a public road in townships shall not be less than thirty-three feet or more than one hundred and twenty feet, and the width of the right-of-way of alleys opened by the township as public roads shall not be less than fifteen feet. The minimum required width shall be in addition to any width required for necessary slopes in cuts or fills. Section 2307. Certain Roads Declared Public Roads.-Every road which has been used for public travel and maintained and kept in repair by the township for a period of at least twenty-one years is a public road having a right-of-way of thirty-three feet even though there is no public record of the laying out or dedication for public use of the road. Section 2308. Opening, Repairing and Closing Roads.-(a)
Public roads in townships shall, as soon as practicable, be effectually
opened. All public roads shall at all seasons be kept in repair and reasonably
clear of all impediments to easy and convenient traveling at the expense of
the township. Section 2309. Time Within Which Roads to be Opened.-When proceedings have been initiated under this act for the opening and laying out of any public road in the township, the road shall be physically opened for use by the public within a period of five years after completion of the proceeding. If the road is not opened or if no proceedings have been commenced to compel the opening in five years, then the proceedings are void and the land proposed to be taken shall revert to the owners of the land free of any easement or right of the public to use the land. Section 2310. Detours.-(a) Except for emergencies, no
public road shall be closed to traffic except upon order of the board of
supervisors, and no public road shall be closed to traffic when it has been
designated as a detour by the Department of Transportation unless the written
consent of the Department of Transportation is first obtained or unless the
board of supervisors by resolution declares the closing necessary for the
protection of the public safety. Section 2311. Relocating or Vacating Roads by
Agreement.-(a) When the board of supervisors relocates or vacates any part of
any public road under its supervision and can agree with the property owners
affected by the relocation or vacation, it may relocate or vacate the public
road without the formality of a view. Section 2312. Elimination of Curves; Acquisition of
Views.-(a) Any township may acquire, by purchase or by the right of eminent
domain, any property and lands along or adjacent to any township road that may
be necessary to eliminate dangerous curves and widen roads and provide a free
and unobstructed view over lands located at or near the intersection of any
two roads or highways, or a road and a railroad or railway, or at any curve in
any road, for the better protection and safety to the traveling public. Section 2313. Roads in or near Public Parks.-(a) The board
of supervisors may contract with the Commonwealth, a county or a municipal
corporation owning and operating parks inside the township to establish,
relocate, alter or vacate public roads inside or contiguous to those parks.
The board of supervisors shall take no action with respect to the public roads
without the written consent and agreement of the Commonwealth, county or
municipal corporation owning and operating the parks. Any road when altered or
relocated under this section shall be maintained and repaired the same as
other township roads. Section 2314. Petition of Property Owners for
Improvements.-(a) Any township may improve any public street in the township
upon the petition of property owners representing a majority in number of feet
front of the properties abutting on the street proposed to be improved at the
expense of the property owners. Section 2315. Improvements Without Petition.-(a) The board
of supervisors may by ordinance provide for the construction, reconstruction,
repair or other improvements to any public street in the township. Section 2316. Acceptance of Land for Road Purposes.-(a)
The board of supervisors may by resolution accept any land dedicated by deed
to the township to be used as a road, street or alley. A copy of the
resolution, together with a draft or survey of the road, street or alley,
showing location and width thereof, shall be filed with the clerk of the court
of common pleas. Section 2317. Approval of Plans.-(a) No person shall
construct, open or dedicate any road or any drainage facilities for public use
or travel without first submitting plans thereof to the board of supervisors
for its approval. The plans shall be prepared under rules and regulations
adopted by the board of supervisors and shall show the profiles of the roads,
the course, structure and capacity of any drainage facilities, the method of
drainage of the adjacent or contiguous territory and any other details that
may be required under the rules or regulations adopted by the board of
supervisors. The board of supervisors may alter the plans and specify any
changes or modifications of any kind and may make its approval of the plans
subject to those alterations, changes or modifications. The plans when so
approved shall be signed by the board of supervisors, and a copy shall be
filed with the secretary of the township. No road or drainage facilities shall
be opened, constructed or dedicated for public use or travel except in
compliance with plans approved by the board of supervisors and until the
approved plan is recorded as required in this section. Section 2318. Markers and Monuments.-The board of supervisors and its agents may enter any land and property and maintain marks and monuments in carrying out its powers and duties under this article. Section 2319. Powers of State and Counties Preserved.-Nothing contained in this article shall be held to restrict or limit the Department of Transportation or any county in the exercise of any of its duties, powers and functions under any State law. Section 2320. Power to Open Drains and Ditches.-(a) The
board of supervisors or its agents may enter any lands or enclosures and cut,
open, maintain and repair drains or ditches through the property when
necessary to carry the water from the roads. Section 2321. Railroad Crossings.-(a) Every township
constructing a road across a railroad shall construct the road above or below
the grade thereof unless permitted by the Pennsylvania Public Utility
Commission to construct the road at grade. Section 2322. Permits.-No railroad or street railway shall be constructed upon any township road, nor shall any railroad or street railway crossings, driveway connections, gas pipe, water pipe, electric conduits or other piping be laid upon or in, nor shall any telephone, telegraph or electric light or power poles or any coal tipples or any other obstructions be erected upon or in, any portion of a township road except under conditions, restrictions and regulations specified in permits granted by the township for that purpose. Each application shall be submitted to the township in duplicate. The township shall collect a fee as determined by the Department of Transportation for processing the application and another fee for making the inspection. Each application shall be accompanied by both fees. When the township grants the permit, the board of supervisors or its agents shall inspect the work authorized by the permit upon the completion thereof and, when necessary, enforce compliance with the conditions, restrictions and regulations specified by the township. In addition to that inspection, the board of supervisors or its agents may reinspect the work not more than two years after its completion, and, if any settlement of the road surface or other defect appears in the work contrary to the conditions, restrictions and regulations of the township, it may enforce compliance therewith. If the applicant fails to rectify a defect which presents an immediate or imminent safety or health problem within forty-eight hours or any other defect within sixty days after written notice from the board of supervisors to do so, the board of supervisors or its agents may do the work and impose upon the applicant the cost thereof, together with an additional twenty percent of the cost, which may be recovered by an action in assumpsit in the court of common pleas of the county. All fees received by the township shall he paid into the township treasury. Nothing in this section shall be construed to require a permit in advance for emergency repairs necessary for the safety of the public or the restoration or continuance of public utility service or other public service, but application for the permit and the fees shall be submitted within five days after completion of the work, after which time the remaining provisions of this section apply. Nothing in this section authorizes a township to regulate or control the operations of any permittee except under this section. Section 2323. Penalty for Destroying Signs.-A person shall not destroy, remove, injure or deface any sign legally erected upon or near any public street, road or bridge by the board of supervisors, or by any club, association or other organized body, for the direction, guidance or safety of travelers. A person shall not destroy, remove, injure or deface any temporary traffic-control device legally erected to enhance traffic or worker safety in a construction or maintenance work zone, including, but not limited to, cones, batons, barrels, barricades, signs, sign trucks, arrow boards or other devices specified in a traffic safety plan approved by the township or the Department of Transportation. Any person who violates this section commits a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than two hundred dollars ($200) nor more than five hundred dollars ($500) for the first offense and a mandatory fine of five hundred dollars ($500) for the second or any subsequent offense, with costs of prosecution, together with the value of the destroyed, removed or defaced sign. All fines and moneys imposed and collected shall be paid to the township treasurer. Section 2324. Protection of Highways from Snowdrifts.-(a)
The board of supervisors may enter private property adjacent to any public
road or highway and place thereon a snow fence to within a limit of one
hundred feet from the right-of-way line of the public road in order to
eliminate snow drifting on the traveled portion of the public road. Section 2325. Saving Trees and Shrubbery.-(a) The board of
supervisors or its agents shall not remove any shrub or tree growing within
the right-of-way of any township road or street except those shrubs and trees
the board of supervisors finds to constitute a hazardous or dangerous
condition to the use of the highway or those which impair the use or
maintenance of the public road or street. No tree having a trunk diameter in
excess of six inches shall be removed without notice of the proposed removal
having first been given to the abutting property owner. The township
supervisors shall determine by resolution the form of notice to property
owners. Section 2326. Obstructions and Nuisances.-Any person who obstructs any public road or commits any nuisance thereon by felling trees, making fences, turning the road, diverting water onto or in any other way and who does not, on notice given by the board of supervisors, immediately remove the obstruction or nuisance and repair the damages done to the road commits a summary offense. Nothing in this section shall debar a prosecution for any nuisance as in case of misdemeanor at common law. Section 2327. Traffic Lights and Signals.-The board of supervisors may provide for the erection, maintenance and operation of traffic lights and traffic signals in accordance with 75 Pa. C.S. (relating to vehicles). Section 2328. Regulation of Parking.-(a) The board of
supervisors may by ordinance regulate parking, provide parking accommodations
to promote the convenience and protection of the public, post signs regulating
parking in areas established or designated for handicapped or severely
disabled veteran parking and impose penalties for the violation of those
regulations. Section 2329. Naming of Streets.-The board of supervisors may provide for and regulate the naming of streets, roads and highways. When the naming of a street, road or highway will affect signing maintained by the Department of Transportation, the board of supervisors shall notify the department. Section 2330. Bike Paths.-The board of supervisors may provide for the construction and maintenance of bike paths for the protection or convenience of the traveling public. Section 2331. County Bridges.-When the cost of construction or maintenance of a bridge located within the township is paid in whole or in part by the county, the board of supervisors may make agreements for the maintenance and repair of the bridge. Section 2332. Boundary Roads and Bridges.-(a) When any
road or bridge, other than a State or county road or bridge, is created or
located along, on or over boundaries between townships and any other municipal
corporation, the creation, location, construction, maintenance and repair of
the road or bridge shall be the joint responsibility of the township and the
municipal corporation with which the common boundary is shared. ARTICLE XXIV SIDEWALKS, FOOTPATHS AND CURBS Section 2401. Location, Lines, Grades and Width
of Curbs, Sidewalks or Footpaths; Costs.-(a) The board of supervisors may by
ordinance regulate the line, grade and width of curbs, sidewalks or footpaths
constructed along the roads or highways in the township, shall have general
supervision over them and may establish a grade or grades for curbs, sidewalks
or footpaths, which grade or grades may be separate and apart from the grade or
grades established for the cartway or roadway. ARTICLE XXV SANITARY SEWERS Section 2501. Sanitary Sewers.-The board of
supervisors may establish and construct sanitary sewer systems which shall if
possible be constructed along and within the lines of the rights-of-way of
public roads. If the board of supervisors determines that the systems shall be
located on or through private property, the board of supervisors may acquire the
land by gift, purchase or eminent domain. Section 2502. Sanitary Sewer Connections.-(a) The board of
supervisors may by ordinance require adjoining and adjacent property owners to
connect with and use the sanitary sewer system, whether constructed by the
township or a municipality authority or a joint sanitary sewer board. In the
case of a sanitary sewer system constructed by the township pursuant to either
section 2501 or 2516, the board of supervisors may impose and charge to
property owners who desire to or are required to connect to the township's
sewer system a connection fee, a customer facilities fee, a tapping fee and
other similar fees, as enumerated and defined by clause (t) of subsection B of
section 4 of the act of May 2, 1945 (P.L. 382, No. 164), known as the
"Municipality Authorities Act of 1945," as a condition of connection to a
township-owned sewer collection, treatment or disposal facility. If any owner
of property adjoining or adjacent to or whose principal building is within one
hundred and fifty feet from the sanitary sewer fails to connect with and use
the sanitary sewer for a period of sixty days after notice to do so has been
served by the board of supervisors, either by personal service or by
registered mail, the board of supervisors or their agents may enter the
property and construct the connection. The board of supervisors shall send an
itemized bill of the cost of construction to the owner of the property to
which connection has been made, which bill is payable immediately. If the
owner fails to pay the bill, the board of supervisors shall file a municipal
lien for the cost of the construction within six months of the date of
completion of the connection. Section 2503. Notice of Contemplated Construction.-No sanitary sewer system shall be constructed under this article unless a resolution of the board of supervisors authorizing the construction is published in a newspaper of general circulation in the township once a week for three successive weeks. Section 2504. Entering Lands to Mark Sanitary Sewer Routes; Damages.-In the absence of an agreement with the owners of land required for sanitary sewer systems or for the marking of the route of the systems, the board of supervisors or its agents have the right to enter the lands for that purpose. For all damage done by entering the land under this section, the general fund of the township shall be pledged as security. Damages shall be determined by viewers under this act for eminent domain proceedings. Section 2505. Sanitary Sewer Systems; Acquisition of Land and Facilities; Damages.-The board of supervisors may acquire by eminent domain or make contracts with other municipal corporations, corporations or persons for the acquisition of lands or facilities for the location, construction, maintenance, reconstruction and enlargement of sanitary sewer systems and treatment facilities. Acquisitions may be made for the purpose of future construction or additions to existing systems. The acquired land may be located either inside or outside the boundaries of the township. For all damage done to owners of land by reason of the taking of the land, the general fund of the township shall be pledged as security. Damages shall be determined by viewers under this act for eminent domain proceedings. Section 2506. Cost of Construction; How Paid.-All or part of the cost of construction of a sanitary sewer system constructed under this article may be charged upon the properties accommodated or benefited by the construction. Section 2507. Sanitary Sewer Districts.-(a) When a
sanitary sewer system is constructed by a township for the accommodation of a
certain portion of the township, the board of supervisors may before or after
the construction designate the territory accommodated as one sanitary sewer
district or divide it into several sanitary sewer districts. The board of
supervisors shall estimate the proportion of the cost of the sanitary sewer
system to be charged on each of the districts and declare and establish the
apportionment by resolution. Section 2508. Manner of Assessment.-When a township is
divided into sanitary sewer districts, the assessment in each district may be
by different methods. The assessment, if any, for sanitary sewer system
construction shall be charged upon the properties accommodated or benefited by
one of the following methods: Section 2509. Procedure for Assessments.-If taxpayers of
the district whose property valuation as assessed for taxable purposes within
the district amounts to fifty percent of the total property valuation so
assessed or if taxpayers representing fifty percent of the parcels within the
district present a petition within three months of the adoption of a
resolution or ordinance levying an assessment under section 2508 to the court
of common pleas that the assessment insufficiently represents the benefits
accruing to abutting properties, they may include in the petition a request
for the appointment of viewers to assess benefits. The court shall appoint
three disinterested viewers, none of whom shall be a resident of that portion
of the township which is accommodated by the sanitary sewer system in
question, and the viewers shall proceed under this act for the assessment of
damages and benefits by viewers. Upon the filing of a petition by taxpayers
for appointment of viewers, any assessment made by the board of supervisors
and any proceedings shall be stayed pending the disposition of the petition by
the court. Section 2510. Liens for Assessments; Costs of
Proceedings.-After the amount of the assessment charged upon the several
properties has been established by resolution making assessments according to
section 2508 or by confirmation of any report of viewers, in whole or in part,
the amounts of all assessments are payable to the township treasurer for the
use of the sanitary sewer district or districts or the township in which they
are assessed. The board of supervisors shall make out bills for the amounts
charged against each property, which shall be sent to all property owners
whose property will be served by the sanitary sewer system. If the assessment
is not paid within sixty days after the mailing of a bill therefor, the board
of supervisors shall collect it by action of assumpsit or under law for the
filing and recovery of municipal claims. Section 2511. Rental Fees.-(a) All persons whose property
is connected to a sanitary sewer system shall pay to the township treasurer,
in addition to the cost of making the connection, a monthly, quarterly,
semi-annual or annual charge adopted by a resolution of the board of
supervisors. The charges constitute a lien until paid against the property
connected to the sanitary sewer system, and the amount thereof may be
recovered by due process of law. All water utilities supplying water to users
within the boundaries of any township shall at the request of the board of
supervisors furnish to the township, on or before the fifteenth day of the
month following the month during which bills are issued, a list of all water
meter readings and flat-rate water bills and the basis for each flat-rate
water charge so that the data may be used in calculating rental fees. The
township may pay to the utilities clerical and other expenses incurred in the
preparation of the lists. Section 2512. State and County Highways; Consents Necessary.- Sanitary sewers may be constructed in or under any State or county highway. If the construction of sanitary sewers is in or under county highways, the consent of the county commissioners of the county shall first be obtained and, if the construction of sanitary sewers is in or under any State highway, the consent of the Department of Transportation shall first be obtained. Section 2513. Municipal Corporation; Municipality
Authority; Agreements for Connections; Appointment of Viewers.-(a) Any
township may by agreement connect with an existing sanitary sewer owned by any
municipal corporation or municipality authority for either sewage collection
or treatment purposes. Section 2514. Report of Viewers.-The viewers shall report the results of their investigation to the court, and the court shall confirm the report within thirty days of its submission unless exceptions are filed. Any interested party may appeal the disposition of filed exceptions. Section 2515. Acquisition of Existing Sanitary Sewer
Systems.-(a) The board of supervisors of the township in which the facilities
are located may acquire all or part of an existing sanitary sewer system or
community subsurface sewage collection and treatment system. Section 2516. Joint Sanitary Sewer Systems.-(a) Townships
may contract with other municipal corporations and municipal authorities
providing for the joint construction or maintenance of sanitary sewer systems
and for the connection onto existing sanitary sewer systems. The agreements
shall provide for the apportionment of costs among the municipal corporations.
The board of supervisors may assess the township's respective portions of the
costs, as may be legally assessable, upon property benefited by the
facilities. Any portion of the cost not Section 2517. State Permit.-No sanitary sewer or plant may be constructed until plans and specifications are submitted to the Department of Environmental Protection and approved. ARTICLE XXVI WATER SUPPLY Section 2601. Contracts With Water Companies
and Municipal Corporations and Acquisition of Water Systems.-(a) The board of
supervisors may by contract with any private corporation or any adjacent
municipal corporation owning a waterworks system provide water for public and
private uses, to be delivered through lines owned by that company or municipal
corporation within the township. The contract shall provide the manner by which
the cost of the water service shall be paid by the consumers. Section 2602. Water Lines and Connections.-The board of supervisors may contract with any private corporation or any adjacent municipal corporation owning a water system to provide water for public and private uses to be delivered into the lines of the township at or near the boundary thereof. The board of supervisors may by contract lay water lines and extensions and regulate the making of connections therewith. Section 2603. Connection to Water System.-The board of supervisors may by ordinance require that abutting property owners of a water system provided by the township or a municipality authority or a joint water board connect with and use the system. Those industries and farms which have their own supply of water for uses other than human consumption may continue to use their own water for that purpose but are required to use the township water system to provide water for human consumption. In the case of a water system provided by the township or a joint water board, the board of supervisors may impose and charge to property owners who desire to or are required to connect to the water system a connection fee, a customer facilities fee, a tapping fee and other similar fees as enumerated and defined by clause (t) of subsection B of section 4 of the act of May 2, 1945 (P.L. 382, No. 164), known as the "Municipality Authorities Act of 1945." Whenever a water system or any part or extension thereof owned by a township has been constructed by the township at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the township at the expense of the private person or corporation, the board of supervisors shall have the right to charge a tapping fee, including a reimbursement component, and refund said reimbursement component to the person or corporation who has paid for the construction of said water system or any part or extension thereof. If any owner of property abutting the water system fails to connect with and use the system within ninety days after notice to do so has been served by the board of supervisors, the board of supervisors or their agents may enter the property and construct the connection. The board of supervisors shall send an itemized bill of the cost of construction of connection to the owner of the property to which connection has been made, which bill is payable immediately, or the board of supervisors may authorize the payment of the cost of construction of connections in equal installments under Article XXXIII. Section 2604. Water Rents.-The board of supervisors may provide for the collection of water rents from users of water supplied by the township. Section 2605. Distribution System; State Permit.-The board of supervisors may by ordinance provide, acquire, establish, regulate and protect any system of distribution of water for private and public use after a certified copy of the plans and surveys for the system, with a description of the sources from which it is proposed to derive the supply, are filed with the Department of Environmental Protection and a written permit for the construction of the system is obtained from the Department of Environmental Protection. Section 2606. Occupation of Highways.-In regulating, protecting and extending its system of distribution of water, the township may occupy public highways, but no highway under the jurisdiction of the Department of Transportation shall be occupied until a permit therefor has been obtained from the department nor any highway under the jurisdiction of the county until a permit therefor has been obtained from the county commissioners. Section 2607. Joint Construction, Acquisition or Maintenance of Water Systems.-Any township may join with any other municipal corporation in the construction or acquisition and maintenance of water systems. The construction of water systems shall be commenced only after plans for the systems have been filed with the Department of Environmental Protection and permits have been issued. Section 2608. Joint Water Board.-The municipal corporations joining in the improvement, in order to facilitate the building of the water system and in securing preliminary surveys and estimates, may by ordinance provide for the appointment of a joint water board composed of one representative from each of the municipal corporations joining to act generally as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance. Members of the joint water board shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed. The joint water board shall organize by the election of a chairman, vice-chairman, secretary and treasurer. The municipal corporations may in the ordinances creating the joint water board authorize it to appoint an engineer, a solicitor and other necessary assistants and agree to the share of the compensation of those persons each municipal corporation is to pay. The members of the joint water board shall receive compensation for attending board meetings as established in the budget that is prepared by the joint water board and submitted to and adopted by the municipal corporations. The compensation to members for attending meetings shall not exceed a total of two hundred and fifty dollars ($250) for each member in each year, but the members shall be entitled to actual expenses to be paid by the respective municipal corporations the members represent. Section 2609. Public Utility Law Saved.-Nothing contained in this article shall be construed to repeal or to supersede any of the provisions of 66 Pa. C.S. (relating to public utilities). Section 2610. Cost of Construction; How Paid.-All or part of the cost of construction of any water system constructed by the authority of this article may be charged upon the properties accommodated or benefited thereby. Section 2611. Water Districts.-The board of supervisors may designate, define and create one or more water districts within the township, and the board of supervisors shall determine the proportion of the cost of the water system which shall be equitably charged on each district and declare and establish the apportionment by resolution. No district shall be charged with more than its due proportion of the cost of the main pipe lines, pumping stations, et cetera, used jointly by more than one district. Section 2612. Assessment.-The board of supervisors may
provide for the payment of the cost of water lines or water systems in the
township or in districts thereof by an assessment upon the properties
accommodated or benefited by one of the following methods: Section 2613. Procedure for Assessment.-If taxpayers of
the district whose property valuation as assessed for taxable purposes within
the district amounts to fifty percent of the total property valuation so
assessed or if taxpayers representing fifty percent of the parcels within the
district present a petition within three months of the adoption of a
resolution or ordinance levying an assessment under section 2612, to the court
of common pleas stating that the assessment insufficiently represents the
benefits accruing to abutting properties, they may include in the petition a
request for the appointment of viewers to assess benefits. The court shall
appoint three disinterested viewers, none of whom shall be a resident of that
portion of the township which is accommodated by the water system in question,
and the viewers shall proceed under this act for the assessment of damages and
benefits by viewers. Upon the filing of the petition by taxpayers for
appointment of viewers, any assessment made by the board of supervisors and
any proceedings shall be stayed pending the disposition of the petition by the
court. Section 2614. Liens for Assessments; Costs of
Proceedings.-After the amount of the assessment charged upon the several
properties has been established by resolution making assessments according to
Section 2612 or by confirmation of any report of viewers, in whole or in part,
the board of supervisors shall make out bills for the amounts charged against
each property, which shall be sent to all property owners whose property will
served by the water system. If the assessment is not paid within sixty days
after the mailing of a bill therefor, the board of supervisors shall collect
it by action of assumpsit or under law for the filing and recovery of
municipal claims. ARTICLE XXVII STORM WATER MANAGEMENT PLANS AND FACILITIES Section 2701. Storm Water Management Systems Authorized.-The board of supervisors may plan, design, construct, assemble, install and alter facilities, including, but not limited to, inlets, outlets, systems of piping, diversion terraces, grass waterways, energy dissipaters, storm water retention devices and natural or artificial infiltration areas, to manage surface water runoff. Section 2702. Construction of Storm Water
Management Facilities.- Section 2703. System Management.-(a) When
exercising the powers under this article, the board of supervisors shall
manage storm water originating in or passing through the township in a manner
which is consistent with the requirements of the act of October 4, 1978 (P.L.
864, No. 167), known as the "Storm Water Management Act," and the storm water
management guidelines and any regulations which may be adopted by the
Department of Environmental Protection. Section 2704. Ordinances.-The board of supervisors may enact storm water management ordinances and require persons conducting earthmoving activities to obtain approval from the board of supervisors for those activities. Ordinances must be consistent with watershed storm water management plans where they exist and in all cases must be consistent with the act of October 4, 1978 (P.L. 864, No. 167), known as the "Storm Water Management Act." ARTICLE XXVIII MANUFACTURE AND SALE OF ELECTRICITY Section 2801. Manufacture and Sale of
Electricity.-Any township may manufacture electricity by means of a
hydroelectric generating facility owned or operated by the township for the use
of the inhabitants of the township. Any township owning or operating a
hydroelectric generating facility may make contracts for the sale of electricity
to persons engaged in the business of the manufacture or sale of electricity.
Section 2802. Regulation of Use and Prices.-Any township furnishing electricity under this article may regulate the use of electricity in dwellings, business places and other places in the township and the rate to be charged for the electricity. Section 2803. Sale of Hydroelectric Generating Facilities.-A township may by ordinance sell all or part of its hydroelectric generating facilities to a purchaser for that sale price as the parties may agree upon. Section 2804. Construction or Purchase of Hydroelectric Generating Facilities.-Any township may construct or purchase facilities to manufacture electricity by hydroelectric generation. Any township may purchase a hydroelectric generating facility at that price as may be agreed upon by the township and the person, partnership or a majority of the stockholders of a corporation that owns the facilities. Section 2805. Submission to Electors.-Before any township
constructs or purchases a hydroelectric generating facility, the question of
the increase of the debt of the township shall first be submitted to the
qualified voters of the township in the manner provided by law for the
increase in indebtedness of municipal corporations. ARTICLE XXIX SHADE TREE COMMISSION Section 2901. Right of Establishment.-The board
of supervisors may regulate the planting, maintenance and removal of shade trees
in the township, or it may appoint a shade tree commission to administer
regulations for shade trees. Section 2902. Commission Members; Appointment; Terms; Vacancies.- A shade tree commission shall be composed of three members who shall be residents of the township. The initial terms of members shall be for periods of three years, four years and five years respectively. All subsequent terms shall be for a period of five years. Members of the commission shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. Vacancies in the office of shade tree commissioner shall be filled by the board of supervisors for the unexpired term. Section 2903. Powers May be Vested in Recreation Board.-When there exists a board for the care of public parks, the board of supervisors may by ordinance confer on the recreation board all the powers and duties under this article for a shade tree commission. Section 2904. General Powers of Commission.-The shade tree commission has exclusive control of the shade trees in the township and is authorized to plant, remove, maintain and protect shade trees on the public streets and highways in the township, excluding State highways. Section 2905. Hiring of Employes.-The shade tree commission may with the approval of the board of supervisors employ persons to perform the duties and directions of the commission and make, publish and enforce regulations for the care and protection of the shade trees of the township. No regulations shall be in force until approved by the board of supervisors and until published at least once in a newspaper of general circulation in the township. Section 2906. Report of Commission.-The shade tree commission shall annually report to the board of supervisors its transactions and expenses for the preceding fiscal year of the township. Section 2907. Removal of Diseased or Dangerous Trees.-(a)
The shade tree commission or, if no commission exists, the board of
supervisors may by ordinance require owners of property to cut and remove
trees located on the property if the condition of the trees, through disease
or otherwise, unreasonably affects or interferes with the health, safety or
welfare of the public or the right of the public to the unobstructed use of
public roads or property. Section 2908. Maintenance by Township Funds.-The shade tree commission shall annually certify the costs incurred under this article to the board of supervisors. The costs shall be paid from the general township fund. Section 2909. Penalties.-The shade tree commission, to the extent provided by ordinance of the township, may assess penalties for the violation of its regulations and of this article as far as it relates to shade trees. Any penalty so assessed shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected. Section 2910. Disposition of Penalties.-All penalties or assessments imposed under this article shall be paid to the township. ARTICLE XXX BOARD OF HEALTH Section 3001. Establishment of Board of
Health.-The board of supervisors may appoint a township board of health and
township health officer to administer and enforce the health and sanitation laws
of the township. If a board of health is appointed, the board of health may
appoint a health officer or inspector whose duties shall be to implement and
enforce the health and sanitation laws of the township and actions of the board
of health. The health officer or inspector, whether appointed by the board of
supervisors or by the board of health, shall not assume the performance of the
duties of office until certified as a qualified health officer or inspector by
the Department of Environmental Protection, the Department of Agriculture and
the Department of Health. Section 3002. Members of Board of Health.-A board of health appointed under this article shall be composed of five members, at least one of whom shall be a licensed physician with not less than two years' experience in the practice of his profession The members of the board of health shall be appointed by the board of supervisors. Upon the creation of a board of health, one member shall be appointed to serve for one year, one for two years, one for three years, one for four years and one for five years, and after that one member shall be appointed each year to serve for five years. Upon the creation of a board of health in a township which has an existing sanitary board, the board of supervisors may continue the incumbent members of the sanitary board as members of the board of health. The members of the board of health shall serve without compensation but shall be reimbursed for actual and necessary expenses incurred in the performance of their duties. Section 3003. Organization, Secretary, Health Officer and Inspectors.- The members of the board of health shall annually organize by electing a chairman from among the members of the board of health, a secretary who may be a member of the board of health and a health officer and inspectors who shall not be members of the board of health. The secretary, health officer and inspectors shall each receive a salary as determined by the board of supervisors and shall serve for a period of one year or until their successors may be appointed and qualified. Section 3004. Duties of Secretary.-The secretary of the board of health shall keep the minutes of the proceedings of the board of health, keep accurate accounts of the expenses of the board of health, draw all requisitions for the payment of moneys on account of the board of health from appropriations made by the board of supervisors to the board of health and present them to the board of health for approval, render statements of the expenses to the board of health at each stated meeting or as frequently as the board of health may require, prepare under the direction of the board of health the annual report to the board of supervisors, together with the estimate of appropriation needed for the ensuing year, and make other reports and perform other duties as the board of health may require. Section 3005. Powers and Duties of Health Officer and Inspectors.-The health officer and inspectors shall attend all stated and special meetings of the board of health and at all times be ready and available for the prompt performance of their official duties. They shall make inspections and execute the orders of the board of health. Section 3006. Powers of Board of Health.-(a) The board of
health shall enforce the health and sanitation laws of this Commonwealth and
any regulations adopted under those laws and the health and sanitation laws
and regulations of the township. Section 3007. Entering Premises.-The board of health, health officer or inspectors may enter at any time any premises within the township where there is reasonably suspected to exist any health hazard or violation of health or sanitation laws or regulations or which are of a type that may give rise to a health hazard. Section 3008. Written Order for Violation.-When the board of health, health officer or inspectors determine that a health or sanitation hazard or violation exists, a written order shall be directed to the owner or occupant of the premises involved, ordering an abatement of the hazard or violation and the taking of corrective action as the board of health, health officer or inspectors may deem necessary under the circumstances. The order shall set forth a specific time in which the abatement and corrective action shall be accomplished. If the order is not complied with within the time provided, the board of health, health officer or inspectors may enter the premises and issue orders for the immediate termination of activities creating the violation, the potential violation and all acts of commerce conducted in, on or at the premises in question. In addition, the board of health, health officer or inspectors may proceed to enforce the law or regulation being violated the same as ordinances of the township. Section 3009. Appropriations and Annual Report.-The board of supervisors shall make an annual appropriation to the board of health as the board of supervisors determines. The board of health or health officer shall before the preparation of the annual budget of the township submit to the board of supervisors the estimated expenses of the board of health or health officer for the ensuing year. The board of health or health officer shall by the first day of February of each year prepare and submit to the board of supervisors and the regional office of the Department of Environmental Protection, the Department of Agriculture and the Department of Health an annual report in writing, setting forth the activities and expenditures of the board of health or health officer during the prior calendar year. Section 3010. Cooperation With Other Municipal
Corporations.-(a) Any township may cooperate and contract with any other
municipal corporation in the administration and enforcement of health and
sanitation laws. ARTICLE XXXI CONTRACTS Section 3101. Power to Make Contracts.-The
board of supervisors may make contracts for purchases under this act and the
laws of this Commonwealth. Section 3102. Letting Contracts.-(a) All contracts or
purchases in excess of the required advertising amount of ten thousand dollars
($10,000), except those specifically excluded, shall not be made except with
and from the lowest responsible bidder after due notice in one newspaper of
general circulation in the township. The notice for bids shall be published at
least two times at intervals of not less than three days in daily newspapers
or once a week for two successive weeks in weekly newspapers. The first
advertisement shall be published not more than forty-five days, and the second
advertisement not less than ten days, before the date set for the opening of
bids. Notice of proposed contracts or purchases shall also be posted where the
board of supervisors normally meets or in a conspicuous place within the
township. Any published notice for bids shall contain full plans and
specifications, or refer to the places where copies thereof can be obtained,
state the amount of the performance bond determined under subsection (g) and
give the date, time and place of a meeting at which an individual or committee
appointed by the board of supervisors or the board of supervisors will open
and read the bids. ((a) amended Dec. 19, 1996, P.L.1412, No. 181) Section 3103. Road Contracts.-The board of supervisors may make a contract for the improvement and keeping in repair of township roads. No contract shall extend over a period of more than four years. Every contractor for road work shall give bond for the amount of the contract and sign specifications furnished by the board of supervisors for the building and care of the contract roads. Section 3104. Evasion of Advertising Requirements.-(a) No
supervisor shall evade the provisions of section 3101 as to advertising for
bids by purchasing or contracting for services and personal properties
piecemeal to obtain prices under the required advertising price. This
provision is intended to make unlawful the evading of advertising requirements
by making a series of purchases or contracts each for less than the
advertising requirement price, or by making several simultaneous purchases or
contracts each below the required advertising price, when the transactions
involved should have been made as one transaction for one price. Any
supervisors who vote in violation of this provision and who know that the
transaction upon which they vote is or ought to be part of a larger
transaction and that it is being divided in order to evade the requirements as
to advertising for bids are jointly and severally subject to surcharge for ten
percent of the full amount of the contract or purchase. Section 3105. Bonds for Protection of Labor and Material Suppliers.- Before any contract exceeding five thousand dollars ($5,000) is awarded to any prime contractor or construction manager for the construction, reconstruction, alteration or repair of any building or other public work or public improvement of the township, the contractor shall furnish to the township a payment bond for the protection of claimants supplying labor or materials to the prime contractor to whom the contract is awarded, at one hundred percent of the contract amount, conditioned for the prompt payment of all materials furnished or labor supplied or performed in the prosecution of the contract under the act of December 20, 1967 (P.L. 869, No. 385), known as the "Public Works Contractors' Bond Law of 1967." Section 3106. Purchase Contracts for Supplies and Equipment; Fire Company, Et Cetera; Participation.-The board of supervisors may permit any paid or volunteer fire company, paid or volunteer rescue company and paid or volunteer ambulance company in the township to participate in purchase contracts for supplies and equipment of the township and agreeing that it will be bound by any terms and conditions the township prescribes. Section 3107. Separate Specifications for Branches of Work.-In the preparation of specifications for the erection or alteration of any public building, when the entire cost of the work exceeds the advertising requirement price, the architect, engineer or person preparing the specifications shall prepare separate specifications for the plumbing, heating, ventilating and electrical work, and the township shall receive separate bids upon each of those branches of work and award the contract to the lowest bidder. Section 3108. Workers' Compensation Insurance.-(a) All
contracts executed by any township which involve the construction or
performance of any work involving the employment of labor shall contain a
provision that the contractor shall accept, and file with the township proof
of compliance with or exemption from, insofar as the work covered by the
contract is concerned, the act of June 2, 1915 (P.L. 736, No. 338), known as
the "Workers' Compensation Act." Section 3109. Engineers and Architects Not to be
Interested in Contracts.-(a) No architect or engineer in the employ of a
township and engaged in the preparation of plans, specifications or estimates
may bid on any public work at any letting of the work in the township. ARTICLE XXXII TAXATION AND FINANCE Section 3201. Fiscal Year.-The fiscal year in
townships commences on the first day of January in each year. All receipts,
disbursements, contracts and purchases shall be entered as of record in the
fiscal year in which made. Section 3202. Annual Budget.-(a) The board of supervisors
shall annually prepare a proposed budget for all funds for the ensuing fiscal
year. The proposed budget shall reflect as nearly as possible the estimated
revenues and expenses of the township for the year for which the budget is
prepared. A township shall not prepare and advertise notice of a proposed
budget when it is knowingly inaccurate. Upon any revision of the proposed
budget, if the estimated revenues or expenses in the final budget are
increased more than ten percent in the aggregate or more than twenty-five
percent in any major category over the proposed budget, it may not be legally
adopted with those increases unless it is again advertised once, the same as
the original proposed budget, and an opportunity given to taxpayers to examine
the amended proposed budget. A major category is a group of related revenue or
expense items, the combined total of which is listed as a line item. The
budget shall be prepared on a uniform form prepared and furnished under
section 3203. The estimates in the budget shall specify the amount of money
necessary for each governmental activity of the township for which a special
tax levy may or may not be authorized and the amount of money necessary for
the payment of debts and other miscellaneous purposes. Section 3203. Uniform Report Forms.-(a) The uniform forms
for the annual financial report required to be made by the auditors shall be
prepared by a committee consisting of four representatives of the State
Association of Township Supervisors and one representative each from the
Department of Transportation and the Department of Community and Economic
Development. Section 3204. Investment of Township Funds.-(a) The board
of supervisors may: Section 3205. Township and Special Tax Levies.-(a) The
board of supervisors may by resolution levy taxes upon all real property
within the township made taxable for township purposes, as ascertained by the
last adjusted valuation for county purposes, for the purposes and at the rates
specified in this section. All taxes shall be collected in cash. Section 3206. Procedure for Referendum on Tax Questions.-When the assent of the electors is required under this article for special tax levies, the county board of elections shall frame the question under the election laws of this Commonwealth for submission to the voters of the township at the first municipal or general election occurring not less than sixty days after submission of the question. Section 3207. Taxes for Special Districts.-This article does not include the levy of any taxes upon particular districts or parts of any township for particular purposes. Section 3208. Tax Rate to be Expressed in Dollars and Cents.-When the board of supervisors by resolution establishes the rate of taxation for any year at a mill rate, the resolution shall also include a statement expressing the rate of taxation in dollars and cents on each one hundred dollars ($100) of assessed valuation of taxable property. Section 3209. Tax Duplicates.-The board of supervisors shall require a duplicate to be made designating the amount of township tax levied against each taxpayer of the township, and also duplicates for all other taxes levied and assessed under this act, and deliver the duplicate within thirty days after the adoption of the budget or within thirty days after receipt of the assessment roll from the county, whichever is later, to the township tax collector. Section 3210. Additions and Revisions to Duplicates.-(a)
When there is any construction of a building or buildings not otherwise exempt
as a dwelling after the first day of January of any year and the building is
not included in the tax duplicate of the township, the authority responsible
for assessments in the township shall upon the request of the board of
supervisors direct the assessor in the township to inspect and reassess,
subject to the right of appeal and adjustment by the State law under which
assessments are made, all taxable property in the township to which major
improvements have been made after the first day of January of any year and to
give notice of the reassessments within ten days to the authority responsible
for assessments, the township and the property owner. The property shall be
added to the duplicate and is taxable for township purposes at the reassessed
valuation for that proportionate part of the fiscal year of the township
remaining after the property was improved. Any improvement made during the
month shall be computed as having been made on the first day of the month. A
certified copy of the additions or revisions to the duplicate shall be
furnished by the board of supervisors to the township tax collector, together
with its warrant for collection of the taxes, and within ten days the township
tax collector shall notify the owner of the property of the taxes due in the
township. ARTICLE XXXIII COLLECTION OF ASSESSMENTS Section 3301. Assessments Collected by Tax
Collector.-(a) When any assessment for streetlights, fire hydrant service,
police protection or other service is implemented by the board of supervisors
and charged to the tax collector for collection, assessments for the service
shall be filed with the township tax collector. The tax collector shall give
thirty days' notice that the assessments are due and payable. The notice shall
state the due date to each party assessed and be served by mailing notice to the
owner of the property. The tax collector is entitled to the same commission for
the collection of these assessments as for the collection of the general
township tax. If any assessment remains unpaid ninety days after the due date,
it shall be turned over to the township solicitor for collection by means of an
action in assumpsit for recovery or a municipal lien filed against the property
of the delinquent owner for the amount of the unpaid assessment, plus interest
established by the board of supervisors from the date the assessment was due. If
an owner has two or more lots against which there is an assessment for the same
year, the lots shall be embraced in one claim. Assessments, when collected,
shall be paid over to the township treasurer, who shall deposit and keep them in
a separate account, to be paid out only for expenses incurred in providing the
service. Each special assessment account shall be audited by the board of
auditors of the township. Section 3302. Assessments Collected by Township
Treasurer.-(a) When any assessment for construction, maintenance and repair of
street, sewer, water, sidewalks, curbs or other service is implemented by the
board of supervisors, the collection of which is not charged to the tax
collector, the assessments for the service shall be filed with the township
treasurer. The township treasurer shall give thirty days' notice that the
assessments are due and payable. The notice shall state the due date to each
party assessed and shall be served by mailing it to the owner of the property.
If any assessment remains unpaid ninety days after the due date, it shall be
turned over to the township solicitor for collection by means of an action in
assumpsit for recovery or a municipal lien filed against the property of the
delinquent owner for the amount of the unpaid assessment, plus interest
established by the board of supervisors from the date the assessment was due.
If an owner has two or more lots against which there is an assessment for the
same year, the lots shall be embraced in one claim. Upon receipt of payment of
assessments, the township treasurer shall deposit the assessments in a
separate account, to be paid out only for expenses incurred in providing the
service. Each special assessment account shall be audited by the board of
auditors of the township. Section 3303. Installment Payments.-(a) When any township
authorizes the construction or acquisition of any sanitary sewer or system of
sanitary sewers, or the improvement of any street or portion thereof, or the
installation of curbing or sidewalks, or a water supply or water systems, and
all or part of the cost is assessed against the properties benefited, improved
or accommodated by the sewer or system of sewers, or curbing or sidewalks, or
water supply, or abutting upon the street or portion thereof, the board of
supervisors may authorize the payment of the assessment in equal annual or
more frequent installments. The ordinance shall specify the length of time
over which the installments may be extended and whether payments are to be
made by annual or more frequent installments. Installments shall bear interest
at a rate not to exceed six percent or a higher amount equal to the amount of
interest on the indebtedness, if any, commencing at the time established by
ordinance. If bonds have been issued and sold to provide for the payment of
any street improvement, the assessments shall not be payable beyond the term
for which the bonds are issued, and the expenses for the improvements and
interest thereon to the first day when interest is payable on the bonds shall
be taken as the cost of the improvement to be assessed on the property
benefited.
ARTICLE XXXIV Section 3401. Scope of Article.-When the right
of eminent domain or the ascertainment and assessment of damages and benefits in
viewer proceedings is exercised by a township, the proceeding shall be as set
forth in this article. In addition to any of the provisions of this act, all
eminent domain proceedings shall conform to the act of June 22, 1964 (Sp.Sess.,
P.L. 84, No. 6), known as the "Eminent Domain Code." Section 3402. Restrictions as to Certain Property.-(a) In
addition to the restrictions made by other provisions of this act in
particular cases, no township shall, except as provided in subsection (b),
exercise the right of eminent domain against land now occupied by any building
which was used during the Colonial or Revolutionary period as a place of
Assembly by the Council of the Colony of Pennsylvania, the Supreme Executive
Council of the Commonwealth of Pennsylvania or the Congress of the United
States; or against the land occupied by any fort, redoubt or blockhouse
erected during the Colonial or Revolutionary period or any building used as
headquarters by the Commander-in-Chief of the Continental Army; or against the
site of any building, fort, redoubt, blockhouse or headquarters, which are
preserved for their historic associations and not for private profit. The
Colonial and Revolutionary period is taken as ended on September 3, 1783. Section 3403. Value of Land or Property Not to be Assessed as Benefits.-In the appropriation of land or property for public use, other than for roads, it is not lawful to assess any portion of the damage done to or value of the land or property so appropriated against the other property adjoining or in the vicinity of the land or property so appropriated. Section 3404. Title Acquired.-When land or property is taken under eminent domain proceedings, other than for road purposes, or is acquired by gift, purchase or otherwise, the title obtained by the township is in fee simple. In particular instances, a different title may by agreement be acquired. Section 3405. Assessment of Damages and Benefits.-The damages may be paid in whole or in part by the township or may be assessed in whole or in part upon the property benefited. In the latter case, the viewers, having first determined the damages apart from the benefits, shall assess the total cost of the improvement, or so much thereof as may be just and reasonable, upon the properties peculiarly benefited, including in the assessment all parties for which damages have been allowed, and shall report the findings to the court. The total assessment for benefits shall not exceed the total damages awarded or agreed upon. Section 3406. Assessment Awards.-In proceedings to assess damages and benefits, if the land or property is both benefited and damaged by the improvements, the excess of damages over benefits or the excess of benefits over damages, or nothing if the benefits and damages are equal, shall be awarded to or assessed against the owner of land or property affected thereby. Section 3407. Assessments to Bear Interest.-All assessments for benefits and costs shall bear interest at six percent annually from the expiration of thirty days after they have been finally ascertained and shall be payable to the township treasurer. ARTICLE XXXV VIOLATION OF ACT GENERALLY Section 3501. Violation of Act Generally; Penalty.-Any township supervisor, elected or appointed township official or employe, roadmaster or contractor or any other person, including any corporation officer or employe, who violates any of the provisions of this act, other than those for which specific penalties are provided, or who fails to carry out the provisions of this act commits a summary offense. All fines collected for violation of this act shall be paid to the township treasurer and credited to the general township fund.
ARTICLE XXXVI ACTIONS BY TOWNSHIPS Section 3601. Recovery of Municipal Claims.-(a)
In addition to the remedies under law for the filing of liens for the collection
of municipal claims, a township may proceed for the recovery and collection of
any municipal claim by action of assumpsit against the person who was the owner
of the property when the improvement was completed, even if there was a failure
on the part of the township or its agents to enter the municipal claim as a lien
against the property assessed for the improvement, and for the recovery of which
the action of assumpsit was brought. ARTICLE XXXVII REPEALS Section 3701. Repeals.-{a) Nothing contained in
this act revives any act, or part of any act, repealed by the act reenacted,
amended or revised by this act. Act of May 1, 1913 (P.L. 155, No. 104),
entitled "An act regulating the letting of certain contracts for the erection,
construction, and alteration of public buildings," insofar as it relates to
townships of the second class. Act of May 10, 1923 (P.L. 198, No. 144), entitled "An act authorizing courts of quarter sessions to commit the care of certain burial grounds to the councils of boroughs, township commissioners and township supervisors of townships; and requiring boroughs and townships to pay the expenses in connection therewith," insofar as it relates to townships of the second class. Act of June 22, 1931 (P.L. 844, No. 274), entitled, as amended, "An act authorizing the Commonwealth of Pennsylvania, or any department or division thereof, and counties, cities, boroughs, incorporated towns, townships, school districts, vocational school districts, and institution districts to make contracts of life, health, hospitalization, medical services, and accident policies for the benefit of employes thereof, and contracts for pensions for such employes; and providing for the payment of the cost thereof," insofar as it relates to townships of the second class. Act of May 1, 1935 (P.L. 124, No. 47), entitled "An act authorizing the insurance of deposits of funds, of this Commonwealth and of the political subdivisions thereof, with the Federal Deposit Insurance Corporation or other similar agency; and prohibiting requiring further security for amounts so insured," insofar as it relates to townships of the second class. Act of July 18, 1935 (P.L. l173, No. 382), entitled "An act to prohibit discrimination on account of race, creed or color in employment under contracts for public buildings or public works," insofar as it relates to townships of the second class. Act of March 16, 1937 (P.L. 98, No. 26), entitled "An act
authorizing political subdivisions to stipulate in specifications, upon which
contracts for the construction, alteration or repairs of any public work or
improvement are entered into, the minimum wages to be paid to laborers and
mechanics, and providing for the stipulation of penalties in such contracts
where such minimum wage stipulations are violated, and for the recovery of
such penalties, and their return in certain cases," insofar as it relates to
townships of the second class. |
