73 Pa.C.S. § 1107 — PA Code / Title 73 / Chapter 11 / Section 1107
Legal advertising.
Status: in_force

(a) General rule.--A notice required to be published in one or more newspapers under this part shall be made in a newspaper

of general circulation, as defined under 45 Pa.C.S. § 101 (relating to definitions), printed in the township or in a newspaper circulating generally in the township if there is no newspaper of general circulation.

(b) Special circumstances.--

(1) Unless dispensed with by special order of court, if the notice under subsection (a) relates to one of the following, the notice shall also, in counties of the second, third, fourth and fifth classes, be published in the legal newspaper of the county, if any, designated by the rules of court:

(i) Proceeding or matter in a court.

(ii) Holding of an election for the increase of indebtedness.

(iii) Issue and sale of bonds to be paid by taxation.

(2) The following shall be published only in newspapers of general circulation:

(i) Ordinances.

(ii) Auditors' statements.

(iii) Summaries of auditors' statements.

(iv) Advertisements inviting proposals for public contracts or for bids for materials and supplies.

(v) Lists of delinquent taxpayers. Cross References. Section 1107 is referred to in sections 2904, 2923, 4901, 4902, 5508, 6103, 6906, 7315 of this title.
73 Pa.C.S. § 109 — PA Code / Title 73 / Chapter 1 / Section 109
Officers for new townships.
Status: in_force

(a) Appointment of new officers.--If a new township of the first class is created from a township of the second class as provided in this chapter, the court of common pleas of the appropriate county 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 office until the first Monday of January after the next municipal election as provided in this part.

(b) Commissioners.--At the first municipal election following the creation of a township under section 106 (relating to creation of townships of the first class from townships of the second class), five township commissioners shall be elected at large if the township has not been divided into wards. Three of the commissioners shall be elected for terms of four years each, and two for terms of two years each, from the first Monday of January next following the election. The ballots at the election shall designate the term for which each commissioner is elected. Each commissioner's successor shall be elected for terms of four years in accordance with this part. If the township has been divided into wards, the township commissioners shall be elected as provided in section 1504 (relating to schedule for election of commissioners in townships first divided into wards).

(c) Tax collector.--At the first municipal election, a tax collector shall be elected for a two-year or four-year term so that the term shall expire at the same time as the terms of tax collectors of other townships of the first class under the provisions of this part. For each subsequent tax collector, the term of tax collector of the township shall be four years from the first Monday of January next following the tax collector's election. Cross References. Section 109 is referred to in section 106 of this title.
73 Pa.C.S. § 7317 — PA Code / Title 73 / Chapter 73 / Section 7317
Notice of work.
Status: in_force

(a) Requirement.--If a shade tree commission proposes to plant, transplant or remove shade trees on a street or highway, notice of the time and place of the meeting at which the work is to be considered must be given once in one newspaper of general circulation immediately preceding the time of the meeting.

(b) Contents.--The notice shall specify in detail the street or highway where trees are proposed to be planted, transplanted or removed.

Cross References. Section 7317 is referred to in section 7320 of this title.
73 Pa.C.S. § 7314 — PA Code / Title 73 / Chapter 73 / Section 7314
General powers of shade tree commission.
Status: in_force

Except as provided in section 5524 (relating to trees and shrubbery within right-of-way), the shade tree commission:

(1) has exclusive custody and control of the shade trees in the township; and

(2) may plant, remove, maintain and protect shade trees on the public streets and highways in the township.
73 Pa.C.S. § 1936 — PA Code / Title 73 / Chapter 19 / Section 1936
Rules and regulations.
Status: in_force

(a) Authority.--

(1) The civil service commission may prescribe, amend and enforce rules and regulations for effectuating this subchapter and shall be governed by the civil service commission's rules and regulations.

(2) The board of commissioners may not promulgate rules and regulations or amendments to rules and regulations for effectuating this subchapter. The board of commissioners may make suggestions regarding proposed rules and regulations or amendments to the rules and regulations to members of the civil service commission for their consideration.

(3) Notwithstanding whether the board of commissioners makes suggestions regarding proposed rules and regulations or amendments to the rules and regulations, rules and regulations or amendments shall be approved by the board of commissioners before the effective date of the rules and regulations or amendments. If the rules and regulations or amendments have been approved by the board of commissioners, the rules and regulations or amendments may not be abrogated, amended or added to without the approval of the board of commissioners.

(b) Minimum qualifications.--The rules and regulations of the civil service commission shall reflect any minimum qualifications for police officers and paid firefighters pertaining to age, educational background, years of experience and areas of desired special expertise or certifications adopted by resolution of the board of commissioners.

(c) Public availability.--Each rule and regulation or amendment to the rules and regulations shall be made available for public distribution or open to public inspection under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. Cross References. Section 1936 is referred to in section 4101 of this title.
73 Pa.C.S. § 6107 — PA Code / Title 73 / Chapter 61 / Section 6107
Sewer districts.
Status: in_force

(a) General rule.--When a sanitary sewer system is constructed by a township for the accommodation of a certain portion of the township, the board of commissioners may designate the territory accommodated into a sewer district or divide the portion into several sewer districts.

(b) Apportionment.--The board of commissioners shall estimate the proportion of the cost of the sanitary sewer system to be charged on each of the districts and declare and establish the apportionment by resolution and the following shall apply:

(1) No district shall be charged more than the district's due proportion of the cost of a sanitary sewer system, or any part of the system, used jointly by more than one district.

(2) The aggregate amount charged on a property in any district shall not exceed the amount of the estimate.

(3) Where the whole of the township is accommodated by the sanitary sewer system, the township may be treated as a single district or divided into districts, and be subject to the provisions of this section.
73 Pa.C.S. § 2903 — PA Code / Title 73 / Chapter 29 / Section 2903
Subpoenas, oaths and perjury.
Status: in_force

(a) Powers.--The auditors of each township may:

(1) Issue subpoenas to obtain the attendance of:

(i) the officers and persons whose accounts the auditors are required to adjust;

(ii) executors and administrators of an office under subparagraph (i); and

(iii) a person whom it may be necessary to examine as a witness.

(2) Compel the production of documents, including financial records, relative to township accounts. If a person refuses or neglects to appear, produce documents or testify, the auditors shall petition the court of common pleas of the county to issue a subpoena to the person and to require the person to produce documents or appear and testify before the court. The court shall issue the subpoena if it deems the documents or testimony relevant to the issue.

(b) Oaths.--The auditors may administer oaths and affirmations to all persons brought or appearing before them, whether accountants, witnesses or otherwise. A person swearing or affirming falsely upon examination is guilty of perjury.
73 Pa.C.S. § 4342 — PA Code / Title 73 / Chapter 43 / Section 4342
Surplus foods.
Status: in_force

The board of commissioners may make an appropriation for the handling, storage and distribution of surplus foods obtained through a Federal, State or local agency.
73 Pa.C.S. § 3104 — PA Code / Title 73 / Chapter 31 / Section 3104
Countersigned warrants.
Status: in_force

(a) Countersign.--Except as provided under subsection (b), a township controller shall countersign a warrant presented upon the township treasurer. The board of commissioners shall determine the form of the warrant.

(b) Exception.--A township controller may not countersign a warrant unless there is sufficient unencumbered money in the respective appropriation item to pay for the amount expressed in the warrant.

(c) Evidence.--If a warrant upon the township treasurer is presented to the township controller to be countersigned, the person presenting the warrant shall, if the township controller requires, produce evidence of all of the following:

(1) The amount expressed in the warrant is due to the person in whose favor the warrant is drawn.

(2) The supplies or services for payment of which the warrant is drawn have been furnished or performed in accordance with the laws of this Commonwealth and the terms of the contract.
73 Pa.C.S. § 5101 — PA Code / Title 73 / Chapter 51 / Section 5101
Power to make contracts.
Status: in_force

(a) Purposes.--A township may make contracts for lawful purposes and for the purposes of carrying into execution the provisions of this part and the laws of this Commonwealth.

(b) Lowest responsible bidder.--Except as otherwise specifically provided in this part, contracts and purchases must be made with and from the lowest responsible bidder. For purposes of this chapter, the lowest responsible bidder need not be the bidder submitting the lowest dollar amount bid. A township may also consider the quality of goods or services supplied, ease of repair, compatibility with other township equipment or services, responsiveness, past performance of the bidder and any other reasonable factors specified in the advertisement for bids.

(c) Electronic bids.--A township may permit the electronic submission of bids and may receive bids electronically for competitive bid purchases and contracts under 62 Pa.C.S. Ch. 46 (relating to electronic bidding by local government units).
73 Pa.C.S. § 5701 — PA Code / Title 73 / Chapter 57 / Section 5701
Construction and acquisition of bridges.
Status: in_force

(a) Construction generally.--A township may erect and construct or acquire by purchase, condemnation or otherwise, a bridge and the piers, abutments and approaches for the bridge, to be used, improved and maintained as a street whether the bridge is wholly or partly within the township limits.

(b) Proceedings.--The proceedings for laying out and opening a bridge shall be the same as provided by this part for the laying out and opening of streets, and the bridge or portion of the bridge may be vacated under the same procedure as

provided in this part for the relocation or vacation of streets or portions of streets.

(c) Pennsylvania Public Utility Commission powers and duties.--Nothing in this chapter shall affect the powers or duties of the Pennsylvania Public Utility Commission to the extent otherwise provided by law.

(d) Obstructions prohibited.--Bridges over railroads shall not obstruct the railroad over which the bridge is built. Nothing in this section shall release the railroad or other companies or the Commonwealth from the requirements of existing laws.

(e) Definition.--As used in this chapter, the term "bridge" shall mean a structure built to span and provide passage over a valley, street, railroad track, private property, gully, river, creek, stream or any other body of water or physical obstacle and shall include viaducts constructed from a series of spans or arches.
73 Pa.C.S. § 1911 — PA Code / Title 73 / Chapter 19 / Section 1911
State association of township commissioners.
Status: in_force

(a) Authorization.--A State association of township commissioners may be formed.

(b) Meetings.--The association shall hold annual meetings and educational conferences at a designated time and place within this Commonwealth for the purpose of addressing the interests of the townships. The expenses of the annual meetings and educational conferences may be paid, in full or in part, by the townships joining the association.

(c) Bylaws.--The association, at its annual meeting and educational conference, by majority vote of each of the voting delegates attending, may adopt and amend bylaws to govern the association. The bylaws shall govern the qualifications of delegates, election of officers, the delegates and officers designation, qualifications and duties, payment of dues and organizational details. The association shall function under the bylaws for advancing the interest of and betterment of township government in townships of the first class.

(d) Dues.--The dues adopted in the bylaws shall be paid by each township upon becoming a member of the association and shall be used for association purposes and activities authorized or ratified by the association or incurred on behalf of the association by its officers and executive committee.
73 Pa.C.S. § 5302 — PA Code / Title 73 / Chapter 53 / Section 5302
Restrictions relating to certain property.
Status: in_force

(a) General rule.--In addition to the restrictions made by other provisions of this part in particular cases or by any

other provision of law, no township shall exercise the right of eminent domain against:

(1) land now occupied by a building that was used during the Colonial or Revolutionary period as a place of Assembly by the Council of the Colony of Pennsylvania, the Supreme Executive Council of the Commonwealth of Pennsylvania or the Congress of the United States;

(2) the land occupied by any fort, redoubt or blockhouse erected during the Colonial or Revolutionary period or a building used as headquarters by the Commander-in-Chief of the Continental Army; or

(3) the site of a building, fort, redoubt, blockhouse or headquarters that is preserved for the site's historic associations and not for private profit.

(b) Colonial and Revolutionary period.--For purposes of subsection (a), the Colonial and Revolutionary period shall be deemed to have ended on September 3, 1783.
73 Pa.C.S. § 3904 — PA Code / Title 73 / Chapter 39 / Section 3904
Support of Pennsylvania National Guard units.
Status: in_force

(a) Annual appropriation.--The board of commissioners may annually appropriate a sum not to exceed $1,500 for the support, maintenance, discipline and training of a unit of the Pennsylvania National Guard. If Pennsylvania National Guard units are organized as a battalion, regiment or similar organization, the total amount due under this subsection may be paid to the commanding officer of the battalion, regiment or similar organization.

(b) Condition.--Money appropriated under subsection (a) shall be paid by warrant drawn to the order of the commanding officer of the Pennsylvania National Guard unit conditioned upon certification by the Adjutant General to the township that the unit has satisfactorily passed the annual inspection provided by State law.

(c) Use of money.--Money appropriated under subsection (a) shall be used and expended solely for the support, maintenance, discipline and training of a company, battalion, regiment or similar organization of the Pennsylvania National Guard.

(d) Accounting required.--

(1) The commanding officer of a company, battalion, regiment or similar organization of the Pennsylvania National Guard shall account, by proper vouchers to the township each year, for the expenditure of money appropriated under subsection (a).

(2) An appropriation under subsection (a) may not be made for any subsequent year until the expenditure of the previous year is satisfactorily accounted for under paragraph

(1).

(3) The account of an expenditure of money appropriated under subsection (a) shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the Auditor General in accordance with the laws of this Commonwealth.
73 Pa.C.S. § 2703 — PA Code / Title 73 / Chapter 27 / Section 2703
Duties.
Status: in_force

(a) Duties.--The secretary of a township shall:

(1) Record the proceedings of the board of commissioners.

(2) Preserve the minutes and other records and documents of the township and turn them over to the successor in office.

(3) Record appropriations made by the board of commissioners and the amounts charged to each appropriation.

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

(b) Equipment and supplies.--The township shall furnish the secretary with the necessary equipment and supplies as are necessary for the conduct of the office, which shall be and remain the property of the township.
73 Pa.C.S. § 1934 — PA Code / Title 73 / Chapter 19 / Section 1934
Organization of commission and quorum.
Status: in_force

(a) Initial organization.--

(1) The initial civil service commission appointed shall organize within 10 days of its appointment and shall elect one of its members as the chairperson and one as the secretary.

(2) After organization under paragraph (1), the civil service commission shall meet and organize within 30 days of the first Monday of each even-numbered year. Each civil service commissioner shall be notified in writing of each meeting.

(b) Quorum.--Three members of the civil service commission shall constitute a quorum. If, by reason of absence or disqualification of a member, a quorum is not reached, the chairperson shall designate as many alternate members of the civil service commission to sit on the civil service commission as needed to provide a quorum.

(c) Alternate member.--An alternate member of the civil service commission shall continue to serve on the civil service commission in each proceeding involving the matter or case for which the alternate was initially designated until the civil service commission has made a final determination of the matter or case. Designation of an alternate member under this section shall be made on a case-by-case basis in rotation according to declining seniority among each alternate.

(d) Action.--An action by the civil service commission shall only be valid if the civil service commission has the concurrence of a majority of the quorum.
73 Pa.C.S. § 2104 — PA Code / Title 73 / Chapter 21 / Section 2104
Reports to auditors.
Status: in_force

The board of commissioners shall annually, on or before the first day of February, furnish to the township auditors information concerning the construction, reconstruction, maintenance and repair of streets or other matters that may be required by a department of the Commonwealth to be included in the annual township report.
73 Pa.C.S. § 5518 — PA Code / Title 73 / Chapter 55 / Section 5518
Bike paths.
Status: in_force

The board of commissioners may provide for the construction and maintenance of bike paths for the protection or convenience of the traveling public.
73 Pa.C.S. § 4351 — PA Code / Title 73 / Chapter 43 / Section 4351
Building hospitals.
Status: in_force

The board of commissioners may appropriate money toward the purchase, erection, maintenance or support of medical centers or hospital building facilities. Approval by the appropriate health planning agency is required if the total cost of the purchase or erection exceeds $100,000.
73 Pa.C.S. § 4913 — PA Code / Title 73 / Chapter 49 / Section 4913
Delivery of duplicates.
Status: in_force

The board of commissioners shall, within 30 days after adoption of the budget or within 30 days after receipt of the assessment roll from the county, whichever is later, deliver a duplicate of the assessment of township taxes to the township tax collector, together with the board's warrant for collection of the taxes.
73 Pa.C.S. § 1912 — PA Code / Title 73 / Chapter 19 / Section 1912
State association annual meetings and educational conference.
Status: in_force

(a) Annual meeting and educational conference.--A township commissioner may attend each annual meeting and educational conference of the State association of township commissioners.

The board of commissioners shall, by motion, designate at least one township officer as a delegate to each annual meeting and educational conference. The delegate shall be a township commissioner or other township officer. The board of commissioners may, by motion, designate no more than two township officers, other than the township commissioners or the delegate, to attend each annual meeting and educational conference as nondelegates and authorize township employees to attend each annual meeting and educational conference.

(b) Conferences or educational training.--In addition to each annual meeting and educational conference under subsection

(a), the board of commissioners may authorize township officers and employees of the township to attend other conferences or educational training of the association.
73 Pa.C.S. § 3103 — PA Code / Title 73 / Chapter 31 / Section 3103
General powers and duties of controller.
Status: in_force

(a) Fiscal affairs.--The township controller shall manage the fiscal affairs of the township. The township controller shall examine, audit and settle all accounts in which the township is concerned as a debtor or creditor in accordance with the laws of this Commonwealth. If there is no law of this Commonwealth governing the settlement of the township's accounts, the controller shall examine the accounts and report the relevant facts and opinions on the accounts to the board of commissioners.

(b) Audits.--During the examination, audit and settlement of the township's accounts, the township controller shall have the same powers and may perform the same duties vested in and imposed on auditors under this part. During the authentication of an account, claim or demand against the township, the

township controller shall have the same power as the elected township auditors to obtain the attendance of parties and witnesses and the production of documents and to administer oaths and affirmations. An individual guilty of swearing or affirming falsely before the township controller commits perjury as specified under 18 Pa.C.S. § 4902 (relating to perjury). The township controller shall make and file an annual report of an audit of the township's accounts and make and publish the township's annual financial statement in the same form and manner and at the same time as required of elected township auditors under this part.

(c) Powers and duties.--The township controller shall have all of the following powers and duties:

(1) The township controller shall have supervision and control of the accounts of all departments, bureaus and officers of the township authorized to collect, receive or disburse public money or who are charged with the management or custody of the accounts.

(2) The township controller shall audit the respective accounts of a department, bureau or an officer specified under paragraph (1) and may require, at any time, a statement in writing from the department, bureau or officer of any money or property of the township in the possession or under the control of the department, bureau or officer. The statement of a department, bureau or an officer under this paragraph shall include the amount of cash on hand, the amount deposited in a banking institution and the name of the banking institution.

(3) The township controller may examine each account of a township officer in a banking institution to verify the accuracy of the statement of the department, bureau or officer under paragraph (2). A banking institution, including an officer or agent of the banking institution, shall furnish complete information about each account of a township officer to the township controller. A banking institution, including an officer or agent of the banking institution, shall not be subject to prosecution under any other law of this Commonwealth for disclosing the information required under this paragraph.

(4) The township controller shall, immediately upon the discovery of a default, irregularity or delinquency, report the default, irregularity or delinquency to the board of commissioners.

(5) The township controller shall audit and report on the account of a township officer upon the death, resignation, removal or expiration of the term of the officer.
73 Pa.C.S. § 1901 — PA Code / Title 73 / Chapter 19 / Section 1901
Oath.
Status: in_force

Each person elected or appointed to a township office in a township shall, before entering upon the duties of office, take and subscribe an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office), before a judge or magisterial district judge of the county or a notary public. A copy of the oath or affirmation shall be filed with the township secretary within 10 days of the taking of the oath.
73 Pa.C.S. § 6303 — PA Code / Title 73 / Chapter 63 / Section 6303
Method of assessment.
Status: in_force

(a) Ordinance.--If the board of commissioners elects to exercise the power to make assessments for a given public improvement as authorized in section 6302 (relating to authority to assess), the board of commissioners shall, by ordinance and

in conformity with this chapter, establish the method and procedure by which assessments shall be made.

(b) Allocation of costs and expenses.--

(1) The board of commissioners may, by ordinance, make the assessment by any means that results in fairly allocating all or a portion of the costs and expenses of the public improvement among all properties benefited by the improvement in reasonable proportion to the benefits conferred upon each property. The methods that may be used to make assessments in accordance with this subsection may include, but are not limited to:

(i) An equal assessment per front foot.

(ii) An assessment made by benefits conferred.

(2) Only one assessment method may be used in allocating the costs for a particular public improvement unless a township is divided into districts for sanitary sewer or water, in which case the assessment in each district may be by different methods if the same assessment method is used within a particular district.

(c) Front foot method.--If the front foot method is used:

(1) The cost to be collected shall be divided by the total number of linear feet of street frontage of all properties benefited.

(2) The assessment against each property shall be that portion of the cost which is determined by multiplying the dividend under paragraph (1) by the number of linear feet for street frontage of that property.

(3) For corner or irregularly shaped lots or if special conditions exist, the board of commissioners shall have the power and its duty shall be to provide for an equitable adjustment, as necessary, to prevent an unjust or excessive assessment.

(4) If the front foot method is used but is comprised of other than linear feet, such as lots, parcels, dwelling units or square feet, the formula under paragraphs (1) and

(2) shall be adapted to comport with the unit of lots, parcels, dwelling units or square feet as applicable.

(d) Assessment of benefits conferred method.--In lieu of the front foot method, the board of commissioners may elect to have the benefits of public improvements assessed, in whole or in part, upon property benefited, improved or accommodated by assessing an equal assessment on the properties benefited, improved or accommodated in proportion to the total cost of construction of the improvement. The amount of the charge on each property shall be determined by the board of commissioners.

(e) Certificate of assessment.--The board of commissioners shall issue a certificate of assessment when either assessing on the front foot method or on the basis of benefits conferred upon property benefited, improved or accommodated, duly certified under the seal of the township and attested by the president of the board of commissioners and secretary. The certificate of assessment shall state the method of assessment used. The certificate of assessment shall be prima facie evidence in any suit for recovery of the same of the correctness and validity of the assessment.
73 Pa.C.S. § 1942 — PA Code / Title 73 / Chapter 19 / Section 1942
Application for examination.
Status: in_force

An individual who desires to apply for examination must file with the civil service commission a formal application in which the applicant shall provide under oath or affirmation information required by the civil service commission's rules and regulations showing the applicant's qualifications for the position for which the applicant is being examined.
73 Pa.C.S. § 4908 — PA Code / Title 73 / Chapter 49 / Section 4908
Tax levies.
Status: in_force

(a) General rule.--The board of commissioners may levy taxes by resolution for taxes levied at the same rate as or a rate lower than the previous fiscal year, and by ordinance if the tax rate increases from the previous fiscal year. Taxes may be levied upon all property and occupations within the township made taxable for township purposes and subject to valuation and assessment by the county assessment office, for the following purposes and at the following rates:

(1) An annual tax for general township purposes, not exceeding 30 mills, unless the board of commissioners by majority action shall, upon due cause shown by resolution, petition the court of common pleas for the right to levy additional millage for general revenue purposes. The court, after public notice as the court may direct and after hearing, may order a greater rate than 30 mills but not exceeding five additional mills to be levied.

(2) The following:

(i) An annual tax not exceeding three mills for the purpose of:

(A) building and maintaining suitable places for the housing of fire apparatus;

(B) purchasing, maintaining and operating fire apparatus;

(C) making of appropriations to fire companies located inside or outside the township;

(D) contracting with adjacent municipalities or volunteer fire companies in adjacent municipalities for fire protection;

(E) the training of fire personnel and payments to fire training schools and centers;

(F) the purchase of land upon which to erect a fire house; and

(G) the erection and maintenance of a fire house or fire training school and center.

(ii) The township may appropriate up to one-half, but not to exceed one mill, of the revenue generated from a tax under this clause for the purpose of paying salaries, benefits or other compensation of fire

suppression employees of the township or a fire company serving the township. For any calendar year, the board of commissioners may waive the appropriation limitation under this subparagraph by resolution.

(iii) If an annual tax for the purposes specified in this paragraph is proposed to be set at a level higher than three mills, the question shall be submitted to the voters of the township and the county board of elections shall frame the question in accordance with the election laws of this Commonwealth for submission to the voters of the township.

(3) An annual tax, not exceeding one-tenth of one mill, for the purpose of caring for trees planted under the supervision of the shade tree commission and for the purpose of publishing notices of meetings to consider the planting, removing or changing of trees. In lieu of the tax provided for in this paragraph, the board of commissioners may, by specific appropriation, provide for the maintenance of shade trees by appropriation from the general fund of the township.

(4) An annual tax so long as necessary for the purpose of procuring a lot or erecting a building on a lot for a municipal building and for the payment of indebtedness incurred in connection with procuring the lot or erecting the building.

(5) An annual tax sufficient to pay interest and principal on indebtedness incurred under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) or any prior or subsequent act governing the incurrence of indebtedness of the township.

(6) An annual tax not exceeding one-half of one mill to provide for pensions, retirement or the purchase of annuity contracts for township employees. This tax shall be kept in a separate fund and used only for the purposes provided in this paragraph.

(7)

(i) An annual tax not exceeding one-half mill for the purpose of supporting ambulance, rescue and other emergency services serving the township, except as provided in subsection (c).

(ii) The township may appropriate up to one-half of the revenue generated from a tax under this clause for the purpose of paying salaries, benefits or other compensation of employees of an ambulance, rescue or other emergency service serving the township. For any calendar year, the board of commissioners may waive the appropriation limitation under this subparagraph by resolution.

(8) An annual tax not exceeding five mills to create and maintain a revolving fund to be used in making permanent street, sidewalk, water supply or sewer improvements before the collection of all or part of the cost from property owners as otherwise authorized under this part. A revolving fund may also be used for the deposit of funds raised through the issuance of general obligation bonds of the township for the making of permanent street, sidewalk, water supply or sewer improvements. When all or part of the cost of the construction of a permanent street, sidewalk, water supply or sewer improvement is paid from the revolving fund and is later assessed and collected from property owners as otherwise authorized under this part, the collections shall be applied to the credit of the revolving fund to the extent of the withdrawal from the revolving fund for that purpose.

(9) An annual tax sufficient for the purpose of constructing, maintaining and operating parks, recreation areas, facilities and programs or for paying the township's share of a joint action with one or more political subdivisions, in accordance with section 7306 (relating to joint ownership and maintenance).

(b) Applicability.--This section does not include:

(1) the levy of taxes upon particular districts or parts of a township for particular purposes; or

(2) special levies otherwise provided for in this part.

(c) Referendum.--The tax for supporting ambulance and rescue squads serving the township shall not exceed the rate specified in subsection (a)(7) except when the question is submitted to the voters of the township in the form of a referendum which will appear on the ballot in accordance with the election laws of this Commonwealth, in which case the rate shall not exceed three mills. The county board of elections shall frame the question to be submitted to the voters of the township in accordance with the election laws of this Commonwealth. Cross References. Section 4908 is referred to in sections 4912, 7301 of this title.
73 Pa.C.S. § 4357 — PA Code / Title 73 / Chapter 43 / Section 4357
Drug and alcohol abuse programs.
Status: in_force

The board of commissioners may appropriate annually, out of the general funds of the township, a sum to be divided in amounts as the commissioners may determine and to be used for education and development of programs within the community dealing with drug and alcohol abuse. The money may also be contributed to existing programs available to the township's residents in adjacent communities or in the county where the township is located at the discretion of the board of commissioners.
73 Pa.C.S. § 6121 — PA Code / Title 73 / Chapter 61 / Section 6121
Contracts for sewer and drainage systems.
Status: in_force

(a) General rule.--In a case where, under the authority of section 6101 (relating to power to establish and construct sewers and drains and require connections and sewer rentals), a system of sewage and drainage covering a township in whole or in part shall be approved and authorized by ordinance, the board of commissioners may enter into a contract with any responsible individual or corporation for the construction of a system of sewage or drainage at the expense of the individual or corporation and the following shall apply:

(1) The individual or corporation shall be entitled under the contract to exercise all the powers of the township in the construction, maintenance and operation of the system of sewage or drainage, with the right to collect fees connected to the construction, maintenance and operation as the board of commissioners prescribes, in as full a manner as the fees might have been collected by the township or the commissioners.

(2) In the contract, the board of commissioners shall reserve to the township the right at any time, after a prescribed time, to take possession of the system of sewage and drainage and the system's appurtenances, at a price and upon terms to be fixed in the contract.

(b) Construction.--Nothing in this section shall be construed to repeal or modify any of 66 Pa.C.S. (relating to public utilities).
73 Pa.C.S. § 5524 — PA Code / Title 73 / Chapter 55 / Section 5524
Trees and shrubbery within right-of-way.
Status: in_force

(a) Modifications to obstacle permitted.--In order to provide for easy and convenient traveling upon the public streets or highways, the board of commissioners may cut, alter or remove trees, shrubbery, underbrush, refuse or obstructions within the legal width of a public street or highway, or any portion of a public street or highway.

(b) Brush.--All logs, cordwood, branch wood or other forms of wood derived from the destruction or removal of trees growing along streets or highways shall be surrendered to and remain the property of the abutting owners, provided that the abutting owners shall, within 10 days after notice from the township, remove the logs, cordwood, branch wood or other forms of wood from the legal width of the street or highway. In the event of the abutting owners' failure to remove the wood, the abutting owners shall forfeit all interest in the wood and the wood may be disposed of as the board of commissioners deems proper. Cross References. Section 5524 is referred to in section 7314 of this title.
73 Pa.C.S. § 5535 — PA Code / Title 73 / Chapter 55 / Section 5535
Assessment for improvements on property outside limits where street entirely within township.
Status: in_force

If a street, entirely within the limits of a township, divides the township from any other municipal corporation, the property on the side of the street, within or outside the township, that abuts the street and benefits from the improvement may, for a depth of 150 feet from the street's center line, be assessed for any and all municipal improvements to or on the streets on which the property abuts in the same manner as the property would be assessed under the provisions of this title if the property were entirely located within the limits of the township.
73 Pa.C.S. § 5105 — PA Code / Title 73 / Chapter 51 / Section 5105
Purchase contracts for petroleum products for fire companies, rescue companies and ambulance companies.
Status: in_force

(a) General rule.--The board of commissioners of each township shall have the power to permit, subject to terms and conditions as it may, and as specifically provided, shall, prescribe a paid or volunteer fire company, paid or volunteer rescue company and paid or volunteer ambulance company in the township to participate in purchase contracts for petroleum products entered into by the township.

(b) Participation.--A company desiring to participate in purchase contracts shall file with the township secretary a request to authorize the company to participate in contracts for the purchase of petroleum products for the township and agreeing that the company shall be bound by the terms and conditions as the township may, and as specifically provided, shall, prescribe and that the company shall be responsible for payment directly to the vendor under each purchase contract.

(c) Terms and conditions.--Among the terms and conditions, the township shall prescribe that all prices shall be free on board destination.
73 Pa.C.S. § 5509 — PA Code / Title 73 / Chapter 55 / Section 5509
Width of public streets.
Status: in_force

(a) General rule.--The width of a street in a township shall not be less than 24 feet nor more than 120 feet. The minimum required width shall be in addition to the width required for necessary slopes in cuts or fills.

(b) Width of alleys.--The width of an alley shall be subject to the discretion of the board of commissioners.
73 Pa.C.S. § 6509 — PA Code / Title 73 / Chapter 65 / Section 6509
Cost of connection and payment.
Status: in_force

The cost of construction of connections shall be payable immediately at the office designated by the board of commissioners, or if authorized by the board of commissioners, in monthly installments, with interest from the date of completion of the construction of the connection.
73 Pa.C.S. § 1951 — PA Code / Title 73 / Chapter 19 / Section 1951
Hearings on dismissals and demotions.
Status: in_force

(a) Answers and hearings.--An individual suspended, removed or demoted may make written answers to charges filed against the individual no later than the day scheduled for the hearing. The civil service commission shall grant the individual a hearing which shall be held within a period of 10 days from the filing of written charges, unless continued by the civil service commission for cause at the request of the board of commissioners or the accused. The failure of the civil service commission to hold a hearing within 10 days from the filing of the written charges may not result in the dismissal of the charges filed.

(b) Suspension without pay.--At a hearing, the individual against whom the charges are made may be present in person and by counsel. The board of commissioners, or the chief of police or fire chief, as applicable, when the board of commissioners is not in session, may suspend the individual without pay

pending the determination of the charges against the individual. The following shall apply:

(1) If the civil service commission fails to uphold the charges, the individual sought to be suspended, removed or demoted shall be reinstated with full pay for the period during which the individual was suspended, removed or demoted, and no charges shall be officially recorded against the individual's record.

(2) A stenographic record of all testimony taken at the hearings shall be filed with and preserved by the civil service commission.

(3) The stenographic record shall be sealed and not be available for public inspection if the charges are dismissed.

(c) Appeal.--All parties shall have immediate right of appeal to the court of common pleas of the county and the case shall be determined as the court deems proper. No order of suspension made by the civil service commission shall be for a longer period than one year. The appeal shall be taken within 30 days from the date of entry by the civil service commission of the final order and shall be by petition. Upon the appeal being taken and docketed, the court of common pleas shall schedule a day for a hearing and shall proceed to hear the appeal on the original record and additional proof or testimony as the parties concerned may desire to offer in evidence. The decision of the court affirming or reversing the decision of the commission shall be final and the employee shall be suspended, discharged, demoted or reinstated in accordance with the order of the court.

(d) Counsel.--The board of commissioners and the individual sought to be suspended, removed or demoted shall at all times have the right to employ counsel before the civil service commission and upon appeal to the court of common pleas. Unless the board of commissioners or the individual sought to be suspended, removed or demoted requests that the proceedings before the commission be open to the public, the proceedings before the commission under this section shall be held in the nature of a closed executive session that shall not be open to the public. The request shall be presented to the civil service commission before the civil service hearing commences. The deliberations of the civil service commission, including interim rulings on evidentiary or procedural issues, may be held in private and may not be subject to a request for being open to the public by the board of commissioners or the individual sought to be suspended, removed or demoted. The civil service commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings).

(e) Collective bargaining members.--In a case in which a police officer or firefighter who is a member of a bargaining unit is subject to suspension, discharge or discipline, the police officer or firefighter shall have the option of challenging the suspension, discharge or discipline imposed by using the procedures in this section or by a proceeding in grievance arbitration. A choice to proceed either by the procedures provided for in this section or by grievance arbitration forecloses the opportunity to proceed in the alternative method. Cross References. Section 1951 is referred to in sections 1937, 1946, 1950 of this title.
73 Pa.C.S. § 4330 — PA Code / Title 73 / Chapter 43 / Section 4330
Community nursing services.
Status: in_force

The board of commissioners may appropriate money annually to nonprofit associations or corporations that provide for:

(1) community nursing services for the elderly and other needy persons;

(2) the control of communicable disease;

(3) the immunization of children;

(4) the operation of child health centers; or

(5) instructive visits to parents of new babies beginning in the prenatal period and family health guidance, including nutrition and detection and correction of defects.
73 Pa.C.S. § 4904 — PA Code / Title 73 / Chapter 49 / Section 4904
Appropriations not to be exceeded.
Status: in_force

The township may not hire employees, purchase materials, execute contracts or issue orders for the payment of money if it would result in the total expenditure of money for a specific purpose to exceed the amount appropriated for that purpose.
73 Pa.C.S. § 4707 — PA Code / Title 73 / Chapter 47 / Section 4707
Entry of premises.
Status: in_force

(a) General rule.--Upon order of the board of health or upon order of a health officer if there is no board of health, the following individuals may enter a premises in the township where an infectious or contagious disease or a nuisance detrimental to the public health is suspected and examine and abate the disease or nuisance:

(1) A member of the board of health.

(2) A health officer.

(3) An employee of a board of health or a health officer.

(4) An agent of a board of health or a health officer.

(b) Search warrant.--If entry to the premises under subsection (a) is prevented, the board of health or health officer may obtain an administrative search warrant from a magisterial district judge with jurisdiction over the premises upon a showing of any of the following:

(1) Reasonable standards and an administrative plan for conducting inspections.

(2) The condition of the premises or general area and the passage of time since the last inspection.

(3) Probable cause of a violation of a law specified in section 4706(b) (relating to powers and duties of board of health).
73 Pa.C.S. § 6151 — PA Code / Title 73 / Chapter 61 / Section 6151
Connection by agreement or petition and appointment of viewers.
Status: in_force

(a) General rule.--If a township desires to connect with the existing sanitary sewer of an adjacent municipal corporation or municipal authority for either sewage collection or treatment purposes, the entities may enter into an agreement for this purpose. If no agreement has been reached between the township and the adjacent municipal corporation or municipal authority, the township shall proceed as provided under subsection (b).

(b) Application.--An application shall be made by the board of commissioners to the court of common pleas of the county where the proposed connection is to be located, stating the desire of the township to connect with the existing sanitary sewer of the municipal corporation or municipal authority. If the court determines that the connection can be made without impairing the usefulness of the existing sanitary sewer, the court shall appoint three viewers who shall:

(1) View the premises and investigate the facts of the case.

(2) Assess the proportionate part of the expense of building the original sanitary sewer upon the petitioning township.

(3) Fix the proportion of the expense for repairs which the municipal corporation or municipal authority and the township shall bear.

(4) Determine all other questions which are likely to arise in connection with the sanitary sewer.

(c) Report.--The viewers shall report the results of their investigation under subsection (b) to the court, and the court shall confirm the report within 30 days of the report's submission unless exceptions are filed. Any interested party may appeal the disposition of filed exceptions.
73 Pa.C.S. § 5520 — PA Code / Title 73 / Chapter 55 / Section 5520
Elimination of curves and acquisition of views.
Status: in_force

(a) Land acquired by township.--Any township may, singly or jointly with another municipality, acquire, by purchase or by the right of eminent domain, lands or easements along or adjacent to any township street that may be necessary to eliminate dangerous curves, widen streets or provide a free and unobstructed view down and across lands located at or near the intersection of any two streets or highways, or a street or highway and a railroad or railway, or at a curve in a street or highway, for the better protection and safety to the traveling public.

(b) Postcondemnation abatement.--After condemnation, the township may abate or remove, or cause to be abated or removed, any obstruction to the view over and across the lands.

(c) Condemnation proceedings.--The proceedings for the condemnation of lands and for the assessment of damages for property, or portions of property, taken, injured or destroyed, agreed to be paid by the township if the taking is jointly with another municipality, shall be taken in the manner provided under the law governing eminent domain.

(d) Fair use.--Upon the purchase or condemnation of lands or easements for a free and unobstructed view, the owner of the lands may make every use of the lands that will not interfere with a free and unobstructed view at the dangerous crossing or curve.
73 Pa.C.S. § 1948 — PA Code / Title 73 / Chapter 19 / Section 1948
Promotions.
Status: in_force

(a) Basis.--A promotion shall be based on merit to be ascertained by an examination to be prescribed by the civil service commission. Questions relative to a promotion shall be practical in character and fairly test the merit and fitness of an individual seeking promotion.

(b) Notification.--The board of commissioners shall notify the civil service commission of a vacancy on the police force or fire department which is to be filled by promotion and shall request the certification of an eligibility list.

(c) Certification.--The civil service commission shall certify for each vacancy the names of three individuals on the eligibility list who have received the highest average in the last promotion examination held within a period of two years preceding the date of the request for the eligibility list. If three names are not available, the civil service commission shall certify the names remaining on the eligibility list. The board of commissioners shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless the board of commissioners make objections to the civil service commission regarding an individual on the eligibility list for any reason provided under section 1943 (relating to rejection of applicant and hearing).

(d) Salary.--The board of commissioners may determine in each instance whether an increase in salary constitutes a promotion.

Cross References. Section 1948 is referred to in section 1941 of this title.
73 Pa.C.S. § 5517 — PA Code / Title 73 / Chapter 55 / Section 5517
Entry on land to maintain markers and monuments.
Status: in_force

The board of commissioners and the board of commissioners' agents and employees may enter upon any land or property to maintain markers and monuments as the board of commissioners deems necessary in carrying out the board of commissioners' powers and duties under this chapter.
73 Pa.C.S. § 7341 — PA Code / Title 73 / Chapter 73 / Section 7341
Management.
Status: in_force

(a) Payment.--A penalty or assessment under this chapter shall be paid to the township treasurer.

(b) Use.--The township treasurer shall keep penalties and assessments in a separate fund and utilized only for the purposes authorized by this chapter.
73 Pa.C.S. § 7302 — PA Code / Title 73 / Chapter 73 / Section 7302
Creation of recreation board.
Status: in_force

A board of commissioners has the following powers related to recreation:

(1) Equip, operate, maintain and regulate public parks, recreation areas and facilities.

(2) Conduct recreation programs.

(3) Appoint officers and hire employees.

(4) By ordinance, vest authority under paragraphs (1),

(2) and (3) in:

(i) an appropriate local agency; or

(ii) a park or recreation board established by ordinance stating powers and duties. Cross References. Section 7302 is referred to in sections 7303, 7304 of this title.
73 Pa.C.S. § 7112 — PA Code / Title 73 / Chapter 71 / Section 7112
Insurance business.
Status: in_force

A township may not impose or collect a license fee upon an insurance company, insurance agent or insurance broker

authorized to transact business under the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
73 Pa.C.S. § 6902 — PA Code / Title 73 / Chapter 69 / Section 6902
Garages and warehouses.
Status: in_force

The board of commissioners may purchase or lease land inside or outside the limits of the township and erect garages, warehouses or other buildings as may be necessary for handling and storing equipment, materials and supplies.
73 Pa.C.S. § 6306 — PA Code / Title 73 / Chapter 63 / Section 6306
Notice of assessment.
Status: in_force

(a) Personal notice.--After the amounts to be assessed against the properties to be benefited by the public improvement have been calculated in accordance with the method and procedures as prescribed by ordinance, the township shall give personal notice of the assessment to the owner of each property that is being assessed. The notice shall also state that the owner has 30 days from receipt of the notice to appeal the assessment. If a certificate is required to be filed with the board of commissioners relating to the public improvement as otherwise provided in this part, a copy of the certificate shall accompany the notice.

(b) Assessment effective.--An assessment made under this chapter shall become effective 30 days after personal notice is given by any of the following means:

(1) Personal service on the owner or the owner's agent.

(2) Certified mail, addressee only, return receipt requested, to the owner at the owner's last known address.

(3) Posting notice at or upon the property after reasonable attempts to give personal notice under paragraphs

(1) and (2) have failed. Cross References. Section 6306 is referred to in section 6309 of this title.
73 Pa.C.S. § 4104 — PA Code / Title 73 / Chapter 41 / Section 4104
Powers of police officers.
Status: in_force

A township police officer shall have those powers and duties as are granted to police officers under the laws of this Commonwealth, the rules of the Supreme Court or the ordinances of the township. A fine or penalty may be imposed on the township police officer for a violation of law.
73 Pa.C.S. § 5108 — PA Code / Title 73 / Chapter 51 / Section 5108
Personal interest in contracts and purchases.
Status: in_force

Elected and appointed township officials and township employees are restricted from an interest in township contracts and purchases to the extent provided under 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).
73 Pa.C.S. § 3302 — PA Code / Title 73 / Chapter 33 / Section 3302
Control of legal matters.
Status: in_force

(a) Legal matters.--Except if the board of commissioners has appointed special counsel for a specific matter, the township solicitor shall advise on the legal matters of the township.

(b) Additional counsel.--A department or officer of the township, except as otherwise provided by the laws of this Commonwealth, may not employ or retain additional counsel without the consent or ratification of the board of commissioners.
73 Pa.C.S. § 6511 — PA Code / Title 73 / Chapter 65 / Section 6511
Joint construction, acquisition or maintenance.
Status: in_force

A township may join with one or more municipal corporations in the construction or acquisition and maintenance of a water system.
73 Pa.C.S. § 3105 — PA Code / Title 73 / Chapter 31 / Section 3105
Prevention of appropriation overdrafts.
Status: in_force

The township controller may not permit an appropriation made by the board of commissioners to be overdrawn. If an appropriation has been completely expended and the objective of the appropriation has not been completed, the township controller shall have all of the following duties:

(1) The township controller shall immediately issue a report to the board of commissioners on the appropriation.

(2) The township controller shall include with the report issued under paragraph (1) a statement of the money which has been drawn on the appropriation and the particular objective for which the money was drawn.
73 Pa.C.S. § 2101 — PA Code / Title 73 / Chapter 21 / Section 2101
Organization and failure to organize.
Status: in_force

(a) Organization.--The board of commissioners shall organize on the first Monday of January of each even-numbered year. If the first Monday is a legal holiday, the meeting shall be held the following day. The board of commissioners shall assemble for the organizational meeting at the place of meeting at a time convenient to the governing body.

(b) President and vice president.--At the organizational meeting, the board shall elect one member as president and one as vice president, who, as long as the member continues to be a commissioner, shall hold office until the successors are elected and qualified. The president, or, in the president's absence, the vice president, shall preside at all meetings of

the board, and perform other duties as are specified in this chapter or which may be prescribed by ordinance.

(b.1) Failure to form quorum.--If a majority of the board of commissioners does not attend the organization meeting, those present may adjourn the meeting from day to day until a majority attend.

(c) Failure to organize.--If the board of commissioners of a township fails to organize within 10 days as required under this section, the court of common pleas, upon the petition of at least 10 registered electors, verified by the affidavit of one of the petitioners, shall issue a rule upon the delinquent commissioners to show cause why the seats should not be declared vacant. The rule shall be returnable not less than five days from the time of its issue, and after hearing, the court may declare the seats of the members of the board responsible for the failure to organize vacant and shall appoint others to hold office for the respective unexpired terms.

(d) Classification of meeting.--The organizational meeting under this section may be considered a regular monthly meeting for the transaction of business that may come before the board of commissioners. The first order of business at this meeting shall be organization of the board. The board of commissioners may, at the organizational meeting, appoint other officers as may be provided for by law or ordinance, or as may be deemed necessary for the conduct of affairs of the township.
73 Pa.C.S. § 6508 — PA Code / Title 73 / Chapter 65 / Section 6508
Connection to water system.
Status: in_force

(a) Property owners.--The board of commissioners may, by ordinance, require that a property owner connect with and use a water system of the township or municipal authority or a joint water system in either of the following cases:

(1) Except as provided in subsection (b), if the nearest property line is located within 150 feet of a water system or any part or extension of the system.

(2) If the property has no supply of water which is safe for human consumption.

(b) Exception.--With respect to water supplied for human consumption, a property owner who, after December 28, 2020, is subject to mandatory connection under subsection (a)(1), shall

not be required to connect to the water system if all of the following apply:

(1) The water system or part or extension of the system that is within 150 feet of the nearest property line was in existence on December 28, 2020.

(2) The property has its own supply of water which is safe for human consumption.

(3) Prior to December 28, 2020, the property owner was not required to connect to the existing system.

(c) Wells.--Industries and farms which have their own supply of water for uses other than human consumption through installed and operating wells existing prior to December 28, 2020, may continue to use their preexisting wells for that purpose but are required to use the water system of the township or municipal authority to provide water for human consumption.

(d) Backflow prevention device.--A township may require an owner of property to install and maintain a backflow prevention device based on the degree of potential hazard of the connected property in accordance with other applicable law.

(e) Penalties.--A township may assess penalties for the violation of ordinances pertaining to water connections or backflow prevention devices.

(f) Fee imposition.--

(1) A township may, by ordinance, impose and charge certain fees to property owners who desire or are required to connect to the water system owned or operated by the township, a municipal authority or a joint water board or who desire to increase their usage of the water system.

(2) The fees imposed under paragraph (1) may be a connection fee, a customer facilities fee, a tapping fee and other similar fees as enumerated and calculated under 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers).

(3) The tapping fee may include a reimbursement part as provided in 53 Pa.C.S. § 5607(d)(24)(i)(C)(IV) to be refunded to the private individual or corporation that paid for the construction of the water system or any part or extension of the water system.

(g) Failure to connect.--

(1) If a property owner required under subsection (a) to connect with and use the system fails to connect within 90 days after notice to connect has been served by the board of commissioners, either by personal service or registered mail, the board of commissioners or their agents may enter the property and construct the connection.

(2) The board of commissioners shall send an itemized bill of the cost of construction of the connection to the owner of the property to which connection has been made, which bill is payable immediately, or the board of commissioners may authorize the payment of the cost of construction of connections in equal monthly installments and the installments shall bear interest at a rate not to exceed 6%. Cross References. Section 6508 is referred to in section 6503 of this title.
73 Pa.C.S. § 7338 — PA Code / Title 73 / Chapter 73 / Section 7338
Appropriation of money to forestry organizations.
Status: in_force

The board of commissioners may appropriate money from the township treasury:

(1) to a forest protection association cooperating in forest work with the Department of Conservation and Natural Resources; or

(2) to be expended in direct cooperation with the department in forest work.
73 Pa.C.S. § 4308 — PA Code / Title 73 / Chapter 43 / Section 4308
Officers, positions and departments.
Status: in_force

(a) Creation and compensation.--The board of commissioners may create an office, position or department that the board deems necessary for the good of government and interests of the township and may fix the compensation of appointed individuals.

(b) Employees.--The board of commissioners may provide for and regulate the manner of hiring and discharging employees and the fixing of salaries or compensation, consistent with applicable Federal and State law.
73 Pa.C.S. § 1923 — PA Code / Title 73 / Chapter 19 / Section 1923
Officers of association and ex officio membership.
Status: in_force

(a) Composition.--The officers of an association shall consist of a president and other officers as determined by the association's bylaws. Each of the officers, except for a secretary, shall be members of the association and shall hold office as determined by the association's bylaws or until the officer's successors are chosen.

(b) Membership.--Each township shall have one vote in a conference. A county association of townships may admit to the membership of the association representatives of political subdivisions other than townships of the first class within the county, the judges of the court of common pleas in the county and engineers or other personnel from the Department of Transportation. Representatives of political subdivisions other than townships of the first class within the county, the judges of the court of common pleas in the county and engineers or other personnel from the Department of Transportation shall not be entitled to vote at the conference or hold office in the association.
73 Pa.C.S. § 1904 — PA Code / Title 73 / Chapter 19 / Section 1904
Removal of township officers and appointees.
Status: in_force

(a) Removal of officer.--A township officer, elected or appointed to fill a vacancy in elective office, shall be removable from office only by:

(1) impeachment;

(2) the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate; or

(3) on conviction of misbehavior in office or of an infamous crime in accordance with the Constitution of Pennsylvania.

(b) Quo warranto.--Notwithstanding subsection (a), an officer's title to office may be tried by proceedings of quo warranto as provided by law. Cross References. Section 1904 is referred to in section 1711 of this title.
73 Pa.C.S. § 3504 — PA Code / Title 73 / Chapter 35 / Section 3504
Certificate of commencement and of completion of municipal improvements.
Status: in_force

(a) Certification.--The township engineer shall certify, to the township secretary, the date of commencement and date of completion of a municipal improvement that, in whole or in part, is to be paid by the owners of the abutting property. The certification shall be made a part of the permanent records of the township. The certified date of commencement and certified date of completion shall be conclusive on all parties.

(b) Definition.--As used in this section, the term "certified date of completion" means the date of the completion of the whole contract for a municipal improvement.

Cross References. Section 3504 is referred to in section 5903 of this title.
73 Pa.C.S. § 5502 — PA Code / Title 73 / Chapter 55 / Section 5502
Township street plan.
Status: in_force

(a) General rule.--A township that has not maintained an accurate plan of township streets adopted in accordance with this chapter prior to the effective date of this section may only adopt a plan of streets under the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.

(b) Deemed amendment.--If a township maintains a plan of streets adopted prior to the effective date of this section, or maintains an official map containing opened and unopened streets, a street laid out in accordance with this chapter by ordinance or by final approval of a subdivision or land development plan must be deemed an amendment to the plan. Notwithstanding any other provision of law, a deemed amendment as provided under this section and a subsequent placement of the street on a plan may not be subject to public notice or public hearing if the street has been laid out in accordance with the requirements of this chapter.

(c) Plan of streets or official map not required.--The maintenance of a plan of streets or official map shall not be required in order for a township to lay out streets in accordance with sections 5504 (relating to power to lay out, open, vacate and alter streets) and 5506 (relating to procedures for laying out, opening, changing, improving or vacating streets).
73 Pa.C.S. § 6502 — PA Code / Title 73 / Chapter 65 / Section 6502
Public utility law saved.
Status: in_force

Nothing contained in this chapter shall be construed to repeal or to supersede any of the provisions of 66 Pa.C.S. (relating to public utilities).
73 Pa.C.S. § 7712 — PA Code / Title 73 / Chapter 77 / Section 7712
Commitment pending trial.
Status: in_force

An individual arrested for the violation of a township ordinance may, pending hearing or trial, be committed to the township lockup, or if there is no suitable township lockup, a county correctional facility. Cross References. Section 7712 is referred to in section 7713 of this title.
73 Pa.C.S. § 6703 — PA Code / Title 73 / Chapter 67 / Section 6703
Sale of hydroelectric generating facilities.
Status: in_force

A township may sell, by ordinance, all or part of its hydroelectric generating facilities to a purchaser for the sale price as the parties may agree upon.
73 Pa.C.S. § 4326 — PA Code / Title 73 / Chapter 43 / Section 4326
Display of flags.
Status: in_force

The board of commissioners may display the flag of the United States or the Commonwealth, the official POW/MIA flag or the flag of a county or municipal corporation in this Commonwealth on any public building or grounds of the township.
73 Pa.C.S. § 2908 — PA Code / Title 73 / Chapter 29 / Section 2908
Surcharge by auditors.
Status: in_force

(a) Surcharge authorized.--The amount of a balance or shortage or an expenditure of a kind or made in a manner prohibited or not authorized by the laws of this Commonwealth that causes a financial loss to the township shall be a surcharge against any of the following:

(1) An officer or person responsible for the balance or shortage.

(2) An individual who has permitted or approved the expenditure by a vote, an act or neglect.

(b) Surcharge limitations.--

(1) An elected or appointed officer of a township or a person may not be surcharged for an act, error or omission in excess of the actual financial loss sustained by the township.

(2) The imposition of a surcharge shall be based on the results of the act, error or omission and the results had the procedure been conducted in accordance with the laws of this Commonwealth. The surcharge may not exceed the difference between the costs actually incurred by the township and the costs that would have been incurred had the authorized procedures been conducted in accordance with law.

(3) Paragraph (1) shall not apply to a case involving fraud or collusion by an elected or appointed officer or to a penalty payable to the Commonwealth. Notwithstanding the provisions of this section, the procedures in the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax

Collection Law, shall apply to balances and shortages in the tax accounts of the tax collector.

(4) An elected or appointed officer of a township may not be surcharged if the officer acted in good faith reliance on a written, nonconfidential opinion of the solicitor of the township or on an opinion of the solicitor of the township publicly stated at an open meeting of the township and recorded in the official minutes of the meeting. This paragraph shall not apply if a solicitor's opinion has been rendered under duress or if the parties seeking and rendering the solicitor's opinion have colluded to purposefully commit a violation of law. As used in this paragraph, the term "solicitor" includes a special counsel appointed by the township for a specific matter.

(c) Penalties.--In a matter involving a financial transaction, an elected or appointed officer knowingly and willfully acting in violation of law commits a misdemeanor of third degree and, upon conviction, may be sentenced to pay a fine not to exceed $100. Cross References. Section 2908 is referred to in section 2923 of this title.
73 Pa.C.S. § 1108 — PA Code / Title 73 / Chapter 11 / Section 1108
Application.
Status: in_force

This part shall apply to all townships of the first class.
73 Pa.C.S. § 2916 — PA Code / Title 73 / Chapter 29 / Section 2916
Attorney fees.
Status: in_force

(a) Award.--Upon final determination of an appeal initiated under section 2911 (relating to appeals from report) from any report, audit or settlement of the account of a township officer, attorney fees shall be awarded as follows:

(1) If, in the opinion of the court, the final determination is more favorable to the township officer involved than that awarded by the auditors, the township shall pay reasonable attorney fees, or a portion of reasonable attorney fees as specified under paragraph (3), incurred by the township officer in connection with the surcharge proceeding.

(2) If, in the opinion of the court, the final determination is more favorable to the township than that awarded by the auditors in the case of an appeal initiated by the township or a taxpayer, the township officer who is the subject of the surcharge proceeding shall pay reasonable attorney fees, or a portion of reasonable attorney fees as specified under paragraph (3), incurred by the township,

elector or taxpayer in connection with the surcharge proceeding.

(3) If, in the opinion of the court, the final determination is in part more favorable to the township and in part more favorable to the township officer involved in the surcharge proceeding than that awarded by the auditors, the court may order any of the following:

(i) The township to pay a portion of reasonable attorney fees incurred by the township officer in connection with the surcharge proceeding.

(ii) The township officer who is the subject of the surcharge proceeding to pay a portion of reasonable attorney fees incurred by the township or taxpayer in connection with the surcharge proceeding.

(b) Other accounts.--In cases of appeals involving accounts other than accounts of township officers, the court shall allocate attorney fees in the court's discretion. Cross References. Section 2916 is referred to in section 2923 of this title.
73 Pa.C.S. § 2301 — PA Code / Title 73 / Chapter 23 / Section 2301
Township treasurer.
Status: in_force

(a) Appointment.--The board of commissioners shall appoint a township treasurer, who may be the elected tax collector or an employee of the township, to serve at the pleasure of the board of commissioners. The township treasurer may not be a member of the board of commissioners.

(b) Compensation.--The board of commissioners shall determine the compensation of the township treasurer. Notwithstanding section 34 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, a township treasurer who is the elected tax collector of the township may receive a salary, compensation or emoluments of office for the treasurer's work.

(c) Deputy.--

(1) The township treasurer shall, within 60 days of the treasurer's appointment, nominate to the board of commissioners a person to be appointed by the board as the deputy treasurer. The board may, subject to the nominated person meeting the bonding qualifications in paragraph (3), appoint the nominated person as the deputy treasurer.

(2) The deputy treasurer shall have the rights and powers and shall perform the duties of the township treasurer if the township treasurer is unable to perform the duties of office due to sickness, absence or inability to act. If the township treasurer is unable to perform the duties of office and has failed to nominate a person for appointment as the deputy treasurer, the board of commissioners may appoint a deputy treasurer. The deputy treasurer shall serve until the township treasurer is again able to perform the duties of the office.

(3) The deputy treasurer shall be bonded for the same amount, and in the same manner under section 2302 (relating to treasurer's and deputy treasurer's bond), as the township treasurer when acting in the capacity of township treasurer. The board of commissioners shall determine the compensation of the deputy treasurer.
73 Pa.C.S. § 2303 — PA Code / Title 73 / Chapter 23 / Section 2303
Treasurer's duties.
Status: in_force

The township treasurer shall:

(1) Receive all money due the township and promptly deposit the money in a designated depository in the name of the township.

(2) Keep distinct and accurate accounts of all sums received from taxes and other sources, which accounts shall be open to the inspection of the board of commissioners, township auditor or controller.

(3) Annually submit the accounts to the township auditors or controller for audit.

(4) Pay out all money of the township only on direction by the board of commissioners, upon an order signed by the president or vice president and attested by the secretary or assistant secretary of the board and designating the appropriation out of which the order shall be paid. The order may not be executed unless there is money available in the treasury. The following apply:

(i) Nothing in this title shall be construed to preclude the use of electronic signatures and transactions to the extent authorized by the act of December 16, 1999 (P.L.971, No.69), known as the Electronic Transactions Act, or any other law.

(ii) When a treasurer pays out money except upon orders or pays money in excess of the appropriation, the treasurer shall receive no credit in the settlement of the treasurer's accounts for those amounts, nor shall the treasurer have any claim or right of action against the township.

(5) Preserve the account books, papers, documents and other records of the office and turn them over to the successor in office.

(6) Pay over to the successor any balance in money remaining in the treasurer's accounts or charged against the treasurer in the settlement of the treasurer's accounts. Cross References. Section 2303 is referred to in section 2302 of this title.
73 Pa.C.S. § 5508 — PA Code / Title 73 / Chapter 55 / Section 5508
Notice of petition.
Status: in_force

(a) General rule.--After a petition has been presented as provided under section 5507 (relating to petition for opening) and the board of commissioners has determined the adequacy of the petition, but before final enactment of any ordinance enacted as provided in the petition, notice shall be published once in a newspaper of general circulation as provided under section 1107 (relating to legal advertising), and handbills shall be posted in conspicuous places along the line of the proposed improvement.

(b) Requirements.--The notice and handbills shall include the following:

(1) A statement that the petition for the improvement was signed by a majority, in interest and number, of the owners of property abutting the line of the proposed improvement.

(2) That a person interested may provide comments at a public hearing to be held at a date, time and place as stated in the published notice and handbills.

(c) Publication of notice.--If, after a hearing, the board of commissioners determines to proceed with the consideration of an ordinance pursuant to the petition, the board of commissioners shall publish notice of the proposed ordinance and incorporate reference to any maps or drawing in accordance with Chapter 77 (relating to ordinances).
73 Pa.C.S. § 3704 — PA Code / Title 73 / Chapter 37 / Section 3704
Incompatibility with office of township commissioner.
Status: in_force

(a) Prohibition.--A township manager shall not be eligible to hold the office of township commissioner.

(b) Applicability.--If the township manager is a partnership, limited partnership, association or professional corporation, the prohibition under subsection (a) shall apply to each officer or employee who directly provides services as required or authorized by the agreement under section 3702(b)(1) (relating to powers, duties and agreements).
73 Pa.C.S. § 7704 — PA Code / Title 73 / Chapter 77 / Section 7704
Codification of ordinances.
Status: in_force

(a) Authority.--The board of commissioners may prepare a codification or revision of the general body of township ordinances or of the ordinances on a particular subject.

(1) The codification or revision may be enacted as an ordinance of the township. The required advertised notice of the proposed enactment of the consolidation, codification or revision must specify its general nature and shall include a listing of the table of contents.

(2) As necessary to effectuate a codification or revision, an ordinance may be enacted to repeal or amend a complete group or body of ordinances. The advertisement giving notice of the proposed enactment must, in lieu of a table of contents, list only the title of each ordinance in the complete group or body of ordinances.

(b) Enactment.--For a codification or revision under subsection (a):

(1) the ordinance must be introduced by the board of commissioners at least 30 days before enactment; and

(2) notice of the introduction of the ordinance must be given by advertisement in a newspaper of general circulation at least 15 days before enactment.

(c) Subsequent notice.--If a codification or revision under subsection (a) has been enacted as an ordinance, it shall not be necessary to advertise the entire text, but is sufficient to publish a notice stating that the codification or revision which had previously been given was enacted.
73 Pa.C.S. § 3502 — PA Code / Title 73 / Chapter 35 / Section 3502
Control of engineering matters.
Status: in_force

(a) Engineering matters.--Except if the board of commissioners has appointed an engineer for a specific matter, the township engineer shall direct and control the engineering matters of the township.

(b) Additional engineers.--A department or officer of the township, except as otherwise provided by the laws of this Commonwealth, may not employ or retain an additional engineer without the consent or ratification of the board of commissioners.
73 Pa.C.S. § 4328 — PA Code / Title 73 / Chapter 43 / Section 4328
Public facilities.
Status: in_force

The board of commissioners may acquire property for the purposes of providing, maintaining and operating public facilities, such as comfort and waiting stations, drinking fountains and watering troughs.
73 Pa.C.S. § 1946 — PA Code / Title 73 / Chapter 19 / Section 1946
Probationary period.
Status: in_force

(a) Duration.--An original appointment to a position in the police force or as a paid firefighter shall be for a probationary period of not less than six months and not more than one year, except that during the probationary period an appointee may be dismissed only for a cause as provided in section 1943 (relating to rejection of applicant and hearing)

or because of incapacity for duty due to the use of alcohol or drugs.

(b) Conduct or fitness.--If, at the close of a probationary period, the conduct or fitness of the probationer has not been satisfactory to the board of commissioners, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease. If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment.

(c) Decision.--The decision of a township to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions under section 1951 (relating to hearings on dismissals and demotions). The decision of a township to suspend or discharge a probationer shall be rendered in accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings).
73 Pa.C.S. § 4336 — PA Code / Title 73 / Chapter 43 / Section 4336
Intergovernmental cooperation.
Status: in_force

The board of commissioners may enter into agreements under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) with the following:

(1) Other political subdivisions, in accordance with existing laws, to:

(i) make joint purchases of materials, supplies or equipment; and

(ii) perform governmental powers, duties and functions.

(2) The proper authorities of municipal corporations, regional police or fire forces or other public safety or governmental entities created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A, for:

(i) mutual aid or assistance in police and fire protection or other public safety services or for the furnishing to or receiving from the municipal corporations or governmental entities police and fire protection or other public safety service; and

(ii) making appropriations for public safety services.

(3) In connection with an agreement under paragraph (2) for police or fire protection or other public safety services, the township shall not be required to advertise for bids or receive bonds as required for contracts under existing law. When an agreement has been entered into, the police, firefighters, fire police or other public safety services of the employing municipal corporation or governmental entity shall have the powers and authority conferred by law on police, firefighters, fire police or other public safety services in the territory of the municipal corporation that has contracted to secure the service.
73 Pa.C.S. § 2302 — PA Code / Title 73 / Chapter 23 / Section 2302
Treasurer's and deputy treasurer's bond.
Status: in_force

(a) Requirements for bond.--The township treasurer shall, before entering upon the duties of office, give a fidelity bond to the township in an amount established by ordinance or resolution and at least equal to 50% of the amount of township funds estimated by the board of commissioners to be available to the township treasurer at any time during the current year. The bond shall be provided by a surety company or companies duly authorized to do business in this Commonwealth. The bond given by the treasurer shall be conditioned on the faithful performance of the duties as stated in section 2303 (relating to treasurer's duties). The treasurer may not be required to give bond or bonds aggregating an amount in excess of the taxes to be paid over to the treasurer by the tax collector. The bonding requirements of this section shall also apply to the deputy treasurer.

(b) Insurance in lieu of bond.--In lieu of the bond required for the faithful performance by the township treasurer or deputy treasurer of official duties other than those of tax collector, the board of commissioners may purchase insurance under section 1902(b) (relating to bonds). Cross References. Section 2302 is referred to in section 2301 of this title.
73 Pa.C.S. § 5506 — PA Code / Title 73 / Chapter 55 / Section 5506
Procedures for laying out, opening, changing, improving or vacating streets.
Status: in_force

(a) General rule.--Before the enactment of an ordinance for the laying out, opening, widening, straightening, extending, altering, improving, relocating or vacating of a street or highway or portion of a street or highway, the board of commissioners shall give 10 days' written notice to the owners of property adjacent to the street or highway or portions of the street or highway affected of the time and place set for a

hearing on the proposed matter. Witnesses may be summoned and examined by the board of commissioners and by the parties interested at the hearing.

(b) Report.--After the hearing and a consideration of the matter under subsection (a), if the board of commissioners votes in favor of exercising the power conferred, the board of commissioners shall make a written report, together with a draft or survey of the street or highway, which shall include:

(1) the width of the street or highway;

(2) the improvements along the street or highway; and

(3) the names of the owners of property which the street or highway shall pass through or abut.

(c) Filing of report.--The report and draft shall be filed in the recorder of deeds office of the county.

(d) Filing of exceptions.--A resident or property owner affected by the report may, within 30 days after the filing of the report of the board of commissioners, upon entering in the court sufficient surety to indemnify the board of commissioners for all costs incurred in the proceedings, file exceptions to the report, together with a petition for a review.

(e) Process.--The following shall apply after the expiration of the term allowed for filing exceptions or upon an order of the court upon disposition of any exceptions:

(1) If the board of commissioners desires to lay out, open, widen, straighten, alter, extend, improve, relocate or vacate the street or highway or portion of the street or highway, the board of commissioners shall enact an ordinance for the actions.

(2) The court of common pleas, on application by petition by the board of commissioners or any person interested, shall appoint three viewers from the county board of viewers to assess the damages and benefits occasioned by the proceeding unless the damages and benefits are otherwise agreed upon. Cross References. Section 5506 is referred to in section 5502 of this title.
73 Pa.C.S. § 4341 — PA Code / Title 73 / Chapter 43 / Section 4341
Operating reserve fund.
Status: in_force

(a) General rule.--The board of commissioners may create and maintain a separate operating reserve fund in order to:

(1) Minimize future revenue shortfalls and deficits.

(2) Provide greater continuity and predictability in the funding of vital government services.

(3) Minimize the need to increase taxes to balance the budget in times of fiscal distress.

(4) Provide the capacity to undertake long-range financial planning and to develop fiscal resources to meet long-term needs.

(b) Limitation on appropriations.--The board of commissioners may annually make appropriations from the general township fund to the operating reserve fund, but no appropriation may be made to the operating reserve fund if the effect of the appropriation would cause the operating reserve fund to exceed 25% of the estimated revenues of the township's general fund in the current fiscal year.

(c) Authorized purposes.--The board of commissioners may, at any time by resolution, make appropriations from the operating reserve fund for the following purposes only:

(1) Meet emergencies involving the health, safety and welfare of the residents of the township.

(2) Counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from any source.

(3) Counterbalance potential budget deficits resulting from increases in anticipated costs for goods or services.

(4) Provide anticipated operating expenditures related either to the planned growth of existing projects or programs or to establish new projects or programs if, for a project or program, appropriations have been made and allocated to a separate restricted account established within the operating reserve fund.

(d) Investment authorized.--The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of section 4905 (relating to investment of township funds).
73 Pa.C.S. § 2923 — PA Code / Title 73 / Chapter 29 / Section 2923
Completion, filing and publication of annual audit and financial report.
Status: in_force

(a) Completion.--The independent auditor shall complete the annual audit by June 30 of each year as directed by the board of commissioners.

(b) Filing.--A copy of the audited annual audit and financial report shall be filed with the following:

(1) The secretary of the township, in accordance with applicable rules and regulations of the township.

(2) The clerk of the court or the prothonotary, as may be provided by local rules of court.

(3) The Department of Community and Economic Development, in accordance with the rules and regulations of the Department of Community and Economic Development.

(c) Publication.--Notice that the audited annual audit and financial report is available for public inspection shall be published once in at least one newspaper of general circulation by the secretary of the township in accordance with section 1107 (relating to legal advertising). Public inspection shall be in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. A copy, which may be in electronic format, of the complete annual audit and financial report, including the accompanying independent auditor's report, shall be supplied to the publishing newspaper when the request for publication is submitted. Nothing in this section shall be construed to preclude the township from providing the township's audited annual audit and financial report on the township's publicly accessible Internet website.

(d) Presentation.--The annual audit report and annual financial statements shall be presented on a uniform form prepared and furnished as provided under section 4903 (relating to uniform financial report and forms).

(e) Appeals.--Nothing in this subchapter shall prohibit a registered elector or taxpayer from appealing an annual audit and financial report of the independent auditor in accordance with and subject to the procedures under sections 2911 (relating to appeals from report), 2912 (relating to appeal bond), 2913 (relating to procedure on appeals), 2914 (relating to findings of facts and law, judgment and appeals), 2915 (relating to cost of appeals) and 2916 (relating to attorney fees) if the registered elector or taxpayer believes a surcharge as described under section 2908 (relating to surcharge by auditors) should exist against an officer or person. The appeal shall be initiated within 45 days of the filing specified under subsection (b). Cross References. Section 2923 is referred to in section 2922 of this title.
73 Pa.C.S. § 4344 — PA Code / Title 73 / Chapter 43 / Section 4344
Nondebt revenue bonds.
Status: in_force

(a) General rule.--The board of commissioners may issue nondebt revenue bonds under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) to provide sufficient money for and toward the acquisition, construction, reconstruction, extension or improvement of:

(1) Municipal facilities, including water systems or facilities.

(2) Sewers, sewer systems and sewage disposal systems or facilities.

(3) Systems for the treatment or disposal of garbage and refuse.

(4) Aeronautical facilities, including airports, terminals and hangars.

(5) Park and recreational facilities, including parking lots.

(b) Sources of security for nondebt revenue bonds.--Nondebt revenue bonds issued under subsection (a) shall be secured solely by the pledge of the whole or part of the rent, toll or charge for the use or services of the facilities.

(c) Costs of issue.--Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.
73 Pa.C.S. § 7332 — PA Code / Title 73 / Chapter 73 / Section 7332
Ordinance and notice.
Status: in_force

If the board of commissioners deems it expedient to acquire land for forests, it shall pass an ordinance describing the facts and conditions relating to the proposed action.
73 Pa.C.S. § 3911 — PA Code / Title 73 / Chapter 39 / Section 3911
Appropriations to veterans' home associations.
Status: in_force

The board of commissioners may make an annual appropriation not to exceed $300 for the support of a veterans' home association that:

(1) provides a home or meeting facility within the township for the use of United States war veterans; and

(2) is not maintained in whole or in part by the United States or a governmental agency other than the township.
73 Pa.C.S. § 4110 — PA Code / Title 73 / Chapter 41 / Section 4110
Private police pension funds and optional transfers.
Status: in_force

(a) Transfer authorization.--If there is a private organization or association constituting and managing an existing pension fund for the members of the police force in a

township, the township shall establish a police pension fund for the purpose of paying pensions to the members of the police force if the membership of the organization or association, by a two-thirds vote, elects to transfer its funds with all its assets and liabilities into a township police pension fund as required to be established by this part.

(b) Securities and assumption of liability.--The transfer under subsection (a) may be made by the transfer of securities. After the transfer, the township police pension fund shall assume the liability of continuing the payment of pensions to members of the police force retired prior to the transfer in accordance with the laws and regulations under which the members were retired.
73 Pa.C.S. § 5525 — PA Code / Title 73 / Chapter 55 / Section 5525
Protection of streets or highways from snowdrifts.
Status: in_force

(a) Entrance on private property for snow fence.--A township may enter upon private property adjacent to a public street or highway and place on the private property a snow fence to within a limit of 100 feet from the right-of-way line of the public street or highway in order to eliminate snow drifting on the traveled portion of the street.

(b) Snow fence limitations.--A snow fence may not be placed before the first day of November or remain in place after the first day of April of the succeeding year unless the written consent of the owner of the adjacent property is obtained agreeing to an extension of time for the removal of the snow fence.

(c) Compensation and appeal.--If the board of commissioners and the owner of the property upon which a snow fence is placed and removed under this section cannot agree to the amount of compensation, if any, to be paid to the owner for placing the snow fence, including the amount of damages, if any, to be paid

for injury to the property resulting from placing and removing the fence, the owner may petition the court of common pleas of the county for the appointment of viewers to ascertain the amount of damage incurred in the manner provided in this part for eminent domain proceedings. Damages, if any, when ascertained, shall be paid by the township from the general township fund.
73 Pa.C.S. § 6111 — PA Code / Title 73 / Chapter 61 / Section 6111
Power to acquire community sewage collection or disposal systems.
Status: in_force

(a) General rule.--A township may, by ordinance, acquire ownership of a community sewage collection or disposal system by purchase, the exercise of eminent domain under 26 Pa.C.S. (relating to eminent domain) or by gift from the owner or owners.

(b) Eminent domain.--In eminent domain proceedings, the viewers shall assess the costs and expenses of the community sewage collection or disposal system acquired by the township upon the property or properties benefited according to benefits. A deficiency that is not assessed upon the benefited property or properties shall be paid by the township.

(c) Enlargement.--After a community sewage collection or disposal system has been acquired under this section by the township, the board of commissioners shall have the power to enlarge the system if the board deems the enlargement advisable. The cost and expenses of the enlargement may be distributed or assessed in the same manner as if the enlargement was a regular sewer constructed by the township under other provisions of this chapter.

(d) Special provisions.--If a community sewage collection or disposal system is established or constructed within a township by a private owner or owners and the board of commissioners is empowered by ordinance to acquire the ownership of the sewage disposal system, or when the system has been enlarged by the township, the acquisition and ownership shall be subject to the following provisions:

(1) An agreement shall be considered a valid agreement by the owners of the sewage collection or disposal system and shall be a transfer of ownership to the township when any of the following enter into an agreement with the township for the acquisition of the system by the township:

(i) The person or persons having established or constructed a community sewage collection or disposal system.

(ii) More than one-half of the number of owners of properties which are connected with, have a right to use and are using a community sewage collection or disposal system.

(2) The township shall operate and maintain any community sewage collection or disposal system acquired any or enlargement or any addition to a system for the use of the following:

(i) Persons having acquired from the township or from the former owner or owners the right to use the system.

(ii) Other owners of property accessible to the system up to the capacity of the community sewage collection or disposal system.

(3) All persons whose property connects with the community sewage collection or disposal system acquired or constructed by the township shall pay to the township treasurer a monthly, quarterly, semiannual or annual charge prescribed by a resolution of the board of commissioners. The amount of the charges shall not be in excess of the estimated amount necessary to maintain and operate the system and to establish a reserve fund sufficient for the system's future replacement.

(4) All sewer rentals or charges imposed by the board of commissioners against properties connected with a community sewage collection or disposal system under this section shall constitute liens against the properties and may be collected in the same manner as other sewer charges.

(5) All money received from the sewer charges shall be deposited as a special reserve fund and shall be used only for the payment of the cost of operating and maintaining the community sewage collection or disposal system and the replacement, if necessary and economically desirable. If, at any time after the acquisition or enlargement of the community sewage system, a regular sewer system is made available by the township for connection with the properties using the community sewage collection or disposal system, the owners of the properties shall be subject to the other provisions of this chapter relating to sewers, and all money at that time in the reserve fund which was received from charges for the use of that particular community sewage collection or disposal system and which is over and above the amount expended for the operation and maintenance of that particular sewage collection or disposal system shall be used towards the payment of any sewer assessments charged against the properties under other sections of this part.

(e) Construction.--Nothing in this section may be construed to supersede the requirements of the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.

(f) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Community sewage collection or disposal system." All or part of a device or devices installed on any privately or publicly owned parcel of land intended to treat or dispose of the sewage or equivalent volume of domestic sewage from two or more residences, buildings or occupied parcels of land, or any system of piping used in collection and conveyance of sewage on private or public property.
73 Pa.C.S. § 4315 — PA Code / Title 73 / Chapter 43 / Section 4315
Building and housing regulations.
Status: in_force

In addition to other remedies provided by law, the board of commissioners may enact and enforce suitable ordinances relating to building and housing regulations in accordance with Chapter 75 (relating to Uniform Construction Code, property maintenance code and reserved powers).
73 Pa.C.S. § 1105 — PA Code / Title 73 / Chapter 11 / Section 1105
Constitutional construction.
Status: in_force

The provisions of this part shall be severable, and if any of the provisions shall be held to be unconstitutional, such decision shall not affect the validity of any of the remaining provisions of this part. It is declared as the legislative intent that this part would have been adopted had such unconstitutional provision not been included.
73 Pa.C.S. § 6308 — PA Code / Title 73 / Chapter 63 / Section 6308
Payment of assessments in installments.
Status: in_force

(a) Authorization.--An ordinance providing for a public improvement, the expense of which is to be defrayed by an assessment against properties benefited by the public

improvement, may authorize payment of the assessment in installments. The ordinance shall:

(1) Set a time when the installment payments shall commence.

(2) Specify the length of time over which the installments may be extended. The period during which installments may be paid shall not exceed the lesser of 10 years or the number of years equal to the period of maturity of the bonds issued to fund the public improvement.

(3) Specify whether payments are to be made by equal annual or more frequent installments.

(b) Interest rate.--The ordinance shall specify the rate of interest for the installments, which shall not be more than 6% per year unless a bond is issued for the improvement, in which case the maximum interest rate on the installment payments shall be in accordance with section 9 of the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law.

(c) Written agreement.--The township shall enter into a written installment agreement with each property owner that will pay the assessment in installments, subject to the requirements of the ordinance pertaining to the agreements and this chapter.

(d) Installments not paid.--If any of the installments remain unpaid for 60 days after the installments have become due and payable:

(1) The entire unpaid assessment, plus unpaid accrued interest and any costs, shall be due and payable.

(2) The township may proceed to collect the installments by filing a lien in the same manner as municipal claims are filed under the Municipal Claim and Tax Lien Law or by instituting a civil action.

(e) Advance payments.--A property owner upon whom an assessment has been made may pay all or as many of the installments before due, with interest and costs to the due date of the next installment. Cross References. Section 6308 is referred to in section 6309 of this title.
73 Pa.C.S. § 4335 — PA Code / Title 73 / Chapter 43 / Section 4335
Purchase and planting of trees.
Status: in_force

The board of commissioners may accept, purchase and plant, or contribute to the purchase and planting of, shade trees and shrubs along the streets, highways and sidewalks of the township and exercise care, custody and control of shade trees in accordance with Chapter 73 (relating to parks, recreation centers, shade trees and forests).
73 Pa.C.S. § 1939 — PA Code / Title 73 / Chapter 19 / Section 1939
Subpoenas.
Status: in_force

(a) Issuance.--The civil service commission may issue subpoenas over the signature of the chairperson to require the attendance of witnesses and the production of records and papers pertaining to any investigation or inquiry. The fees of witnesses for attendance and travel shall be the same as for witnesses appearing in the courts and shall be paid from appropriations for the incidental expenses of the civil service commission.

(b) Requirement.--Officers in public service and employees shall attend and testify if required to do so by the civil service commission.

(c) Penalty.--If an individual refuses or neglects to obey a subpoena issued by the civil service commission, the individual shall, upon conviction, be sentenced to pay a fine of no less than $250 and not more than $500. If the individual is in default of the payment of the fine under this subsection, the individual shall be imprisoned for a period not to exceed 30 days.

(d) Court of common pleas.--If an individual refuses or neglects to obey a subpoena issued by the civil service commission, the civil service commission may petition the court of common pleas of the county to order the individual to appear before the civil service commission or the court to testify and produce records and papers as the civil service commission deems necessary. If the individual refuses to comply with the court's order, the individual shall be held in contempt of court.
73 Pa.C.S. § 7303 — PA Code / Title 73 / Chapter 73 / Section 7303
Composition of park or recreation boards.
Status: in_force

(a) Members.--If a board of commissioners establishes a park or recreation board under section 7302(4)(ii) (relating to creation of recreation board), the board of commissioners shall appoint five or seven individuals. Each individual must be a resident of, or own property in, the township where the park or recreation board operates.

(b) Terms.--

(1) Initial appointments shall be for staggered terms so that the terms of no more than two members expire annually.

(2) Subsequent appointments shall be for terms of five years or until successors are appointed.

(3) A member of a park or recreation board may only be removed by the board of commissioners for malfeasance in office or nonfeasance in office.

(4) A vacancy on a park or recreation board shall be filled by the board of commissioners for the unexpired term.

(c) Compensation.--Members of a park or recreation board shall serve without compensation.
73 Pa.C.S. § 6505 — PA Code / Title 73 / Chapter 65 / Section 6505
Occupation of highways.
Status: in_force

(a) Authority.--Except as provided in subsection (b), in providing for, regulating, protecting and extending a township's system of distribution of water, a township may occupy streets, roads or highways, and may take, injure or destroy private property as provided in this chapter. A highway under the jurisdiction of the Department of Transportation may not be occupied until a permit has been obtained from the Department of Transportation.

(b) Exceptions.--Property belonging to or used as a cemetery, place of public worship, public or parochial school or other educational or charitable institution or seminary shall not be taken, injured or destroyed by virtue of this section.
73 Pa.C.S. § 4501 — PA Code / Title 73 / Chapter 45 / Section 4501
Real estate registry.
Status: in_force

(a) General rule.--For the purpose of procuring accurate information on the ownership of real estate, the board of commissioners may provide, by ordinance, for a real estate registry in a manner not inconsistent with the act of October 9, 2008 (P.L.1400, No.110), known as the Uniform Municipal Deed Registration Act.

(b) Registry.--The board of commissioners shall designate a person to have charge of the registry who shall make and carefully preserve the necessary books, maps and plans as may show the location and ownership of each lot, piece of real estate and subdivision of real estate. For purposes of establishing or maintaining the registry, the person in charge of the registry shall have access to public records without charge.

(c) Validity of certain claims.--Information contained within a real estate registry shall not affect the validity of a municipal claim or tax claim of the township.

(d) Additional information as may be required.--Nothing in this section shall be construed to prohibit a township from requiring owners to provide information relevant to the enforcement of a township ordinance in accordance with law.
73 Pa.C.S. § 4352 — PA Code / Title 73 / Chapter 43 / Section 4352
Tourist promotion agencies.
Status: in_force

(a) General rule.--The board of commissioners may appropriate money annually to a tourist promotion agency to assist the agency in carrying out tourist promotional activities.

(b) Definition.--As used in this section, the term "tourist promotion agency" has the same meaning given to it under section 2 of the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.
73 Pa.C.S. § 5901 — PA Code / Title 73 / Chapter 59 / Section 5901
Power to lay out and establish grades.
Status: in_force

Townships may, by ordinance, lay out and establish sidewalks, curbs, gutters and surface water drains along any street and, with the consent of the Secretary of Transportation, along any State highway, and, with the consent of the county commissioners, along any county road. Townships may establish grades for the sidewalks, which may be separate and apart from the grade established for the street or highway. For the purposes of this section, a township may acquire land by purchase, gift or the right of eminent domain.
73 Pa.C.S. § 5503 — PA Code / Title 73 / Chapter 55 / Section 5503
Certain streets declared public streets.
Status: in_force

(a) General rule.--Every street which has been used for public travel, and maintained and kept in repair continuously by the township for a period of at least 21 years under authorization by the board of commissioners, is a public street having a right-of-way of not less than 24 feet, even though there is no public record of the laying out or dedication for public use of the street.

(b) Evidence.--In a proceeding under this section, any relevant oral or documentary evidence of public travel or maintenance and repairs by the township shall, if presented, be considered, including, but not limited to:

(1) Maps or surveys which are either generated by any governmental unit or are created under a judicial proceeding of the courts of this Commonwealth.

(2) Evidence concerning the distribution of government funds to the township under the act of June 1, 1956 (1955 P.L.1944, No.655), referred to as the Liquid Fuels Tax Municipal Allocation Law.

(3) Approved subdivision plans, deeds or other documents containing a designation of the street as either a township street or otherwise.

(4) Evidence that the street is an extension from a public street or public cul-de-sac or a throughway between

other municipal or State streets or provides the only access to a municipal boundary line.

(5) Court orders, decisions, findings of fact or other matters of judicial record relating to public or private rights in the street.

(c) Considerations relevant in proceedings.--For purposes of this section:

(1) The frequency of use of a street may be considered relevant in a proceeding under this section, but, in the absence of additional findings on the purpose of the use, shall not alone be sufficient to establish that the street has been used for public travel.

(2) The condition or sufficiency of the street surface for public travel may be considered relevant in a proceeding under this section, but, absent additional findings of actual public maintenance and repair, shall not alone be sufficient to establish maintenance and repair by the township.

(d) Construction.--Nothing in this section shall be construed as affecting the weight or persuasiveness of any evidence presented as provided under subsection (b) or the relevance of any evidence presented except as otherwise provided in this section.

(e) Presentation of evidence.--In a proceeding in which this section is relied upon to allege the existence of a public street, the proponent of the public status of the street shall present evidence first and the burden shall then shift to the opponent to present evidence to refute the public status of the street.
73 Pa.C.S. § 7713 — PA Code / Title 73 / Chapter 77 / Section 7713
Township's liability for costs of prisoners to county.
Status: in_force

If section 7712 (relating to commitment pending trial) applies, the expenses of maintaining the prisoner during confinement shall be paid by the township, and the county shall not be liable for the maintenance.
73 Pa.C.S. § 3912 — PA Code / Title 73 / Chapter 39 / Section 3912
Memorial Day or Veterans' Day appropriations.
Status: in_force

The board of commissioners may appropriate money for the expenses of services for Memorial Day, Veterans' Day or a similar day provided for by Federal or State law.
73 Pa.C.S. § 3301 — PA Code / Title 73 / Chapter 33 / Section 3301
Township solicitor.
Status: in_force

The board of commissioners may appoint and determine the compensation of a township solicitor and, as needed, special counsel. The township solicitor or special counsel shall be licensed to practice law in this Commonwealth and may be an individual or a law firm, partnership, association or professional corporation. The township solicitor or special counsel shall serve at the pleasure of the board of commissioners.
73 Pa.C.S. § 4910 — PA Code / Title 73 / Chapter 49 / Section 4910
Authority to levy, assess and collect mercantile and business privilege taxes on gross receipts.
Status: in_force

Notwithstanding section 533(b) of the act of December 13, 1988 (P.L.1121, No.145), known as the Local Tax Reform Act, a township of the first class or a home rule municipality that previously had been a township of the first class and that has a population exceeding 70,000 which, before December 1, 1988, has levied, assessed or collected or provided for the levying, assessment or collection of a mercantile tax on gross receipts or parts of gross receipts may levy, assess and collect or provide for the levying, assessment or collection of mercantile and business privilege taxes on gross receipts or parts of gross receipts. This authority shall apply to the tax year beginning January 1, 1998, and to each tax year thereafter.
73 Pa.C.S. § 6906 — PA Code / Title 73 / Chapter 69 / Section 6906
Use of public lands acquired for other purposes.
Status: in_force

When the board of commissioners desires to take any public lands previously granted or dedicated for a use or purpose for which the lands are no longer used, the board of commissioners shall pass an ordinance declaring the board's intention, and shall petition the court of common pleas for leave to file the bond of the township to secure any person who may be entitled to compensation for the taking. The court shall direct notice to be given by publication in at least one newspaper of general circulation as required under section 1107 (relating to legal advertising). If no exceptions are filed to the bond on or before the day fixed in the notice, the court shall approve the leave. The court may increase the amount of the bond, shall hear and determine all exceptions that are filed against the petition and the sufficiency of the bond and may grant or deny the request of the petition. Upon the granting of the petition and the approval of the bond, the board of commissioners may enter upon and take the lands to erect public buildings. The bond, which shall be in the name of the Commonwealth for the use of any person that is entitled to damages by reason of the taking of the lands, shall remain on file for their use and benefit.
73 Pa.C.S. § 7307 — PA Code / Title 73 / Chapter 73 / Section 7307
Issue of bonds.
Status: in_force

A township may incur indebtedness and may issue general obligation bonds for the purpose of acquiring land, buildings and equipment for parks and recreation areas under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).
73 Pa.C.S. § 2501 — PA Code / Title 73 / Chapter 25 / Section 2501
Powers and duties of tax collector.
Status: in_force

(a) Collection of taxes required.--The township tax collector shall collect all county, institution district, township, school and other taxes levied within the townships by authorities authorized to levy taxes.

(b) Collection of taxes permitted.--

(1) The tax collector may also be designated in the tax-levying ordinance or resolution or be employed by the tax-levying authority to collect taxes levied under the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.

(2) No ordinance or resolution may authorize the collection of income taxes in a manner other than as provided in Chapter 5 of The Local Tax Enabling Act.

(c) Other powers and duties.--In addition to the powers, duties and responsibilities under this chapter, 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.
73 Pa.C.S. § 4319 — PA Code / Title 73 / Chapter 43 / Section 4319
Municipal waste.
Status: in_force

(a) Authorization.--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, a board of commissioners may prohibit accumulations of municipal waste on public and private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal of the

municipal waste. As used in this subsection, "municipal waste" shall have the same meaning as given to the term in the Municipal Waste Planning, Recycling and Waste Reduction Act.

(b) Collection and removal.--

(1) The board of commissioners may collect and remove, by contract or otherwise, municipal waste and recyclable materials and prescribe penalties for the enforcement of the collection and removal.

(2) Except as provided in paragraph (3), a contract with refuse haulers may be made for an initial period not exceeding five years with optional renewal periods of up to five years.

(3) Paragraph (2) shall not apply to a contract with another political subdivision or with a municipal authority.

(c) Disposal.--

(1) The board of commissioners may dispose of, by contract or otherwise, municipal waste.

(2) Except as provided in paragraph (3), a contract with the owner of a private facility for the disposal or incineration of municipal waste may be made for a period not to exceed 20 years.

(3) Paragraph (2) shall not apply to a contract with another political subdivision or with a municipal authority.

(d) Powers.--The board of commissioners may:

(1) Acquire 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 another political subdivision or with a municipal authority to provide for any of the following:

(i) The collection, removal, disposal and destruction of municipal waste.

(ii) The collection and storage of recyclable materials.

(iii) The composting of leaf and yard waste.

(2) Provide for the payment of the cost, either in whole or part, out of the funds of the township.

(3) Acquire land for landfill purposes and maintain lands and places for the dumping of municipal waste.

(e) Rates and charges.--The board of commissioners may establish, alter, charge and collect rates and other charges for any of the following:

(1) The collection, removal and disposal of municipal waste and recyclable materials.

(2) The cost of including the payment of indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of facilities for collection, removal and disposal.

(3) The amount due under a contract with another political subdivision or with a municipal authority furnishing the services or facilities.

(f) Funding.--The board of commissioners may make appropriations to another political subdivision or a municipal authority out of the township's general funds, or out of any other available funds, for the construction, purchase, improvement, repair, maintenance and operation of a facility for the collection, removal, disposal or marketing of municipal waste, recyclable materials or composted leaf and yard waste.

(g) Recycling.--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."
73 Pa.C.S. § 6905 — PA Code / Title 73 / Chapter 69 / Section 6905
Assessment of damages.
Status: in_force

The provisions of 26 Pa.C.S. (relating to eminent domain) prevail relating to the compensation and damages arising from taking, using and appropriating private or public property for township purposes.
73 Pa.C.S. § 1506 — PA Code / Title 73 / Chapter 15 / Section 1506
Pennsylvania Election Code.
Status: in_force

Nothing in this chapter shall be construed as affecting the powers and duties of the court of common pleas, the county board of elections or restrictions on alteration of election districts as provided in Article V of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
73 Pa.C.S. § 4102 — PA Code / Title 73 / Chapter 41 / Section 4102
Special fire police.
Status: in_force

The president of the board of commissioners may:

(1) Confirm a member of a volunteer fire company nominated to serve as special fire police under 35 Pa.C.S. Ch. 74 Subch. D (relating to special fire police).

(2) Swear in or affirm special fire police officers.
73 Pa.C.S. § 7334 — PA Code / Title 73 / Chapter 73 / Section 7334
Regulations.
Status: in_force

Upon acquisition of a forest or land suitable for a forest, the board of commissioners may promulgate regulations governing the proper administration of the acquired forestry as necessary to produce continuing township revenue by the sale of forest products. The regulations may provide for the administration, maintenance, protection and development of the forests or lands suitable for forests as necessary or expedient. Cross References. Section 7334 is referred to in section 7336 of this title.
73 Pa.C.S. § 3106 — PA Code / Title 73 / Chapter 31 / Section 3106
Amount of contracts to be charged against appropriations.
Status: in_force

(a) Contracts.--Before an item of appropriation takes effect in a contract, the contract shall designate the item on which the appropriation is founded and the estimated amount of the expenditure which shall be charged against the item as certified by the township controller on the contract. The payment required by the contract shall be made from the fund for which the contract is appropriated.

(b) Liability.--If the township controller certifies a contract in excess of the appropriation made, the township shall not be liable for the excess amount. The township controller and the township controller's surety shall be liable for the excess amount of the appropriation, which may be recovered in a civil action by the aggrieved contracting party.

(c) Certification.--The controller shall certify contracts for the payment of which a sufficient appropriation has been made.
73 Pa.C.S. § 2702 — PA Code / Title 73 / Chapter 27 / Section 2702
Assistant secretary.
Status: in_force

The board of commissioners may, by resolution, appoint an assistant secretary. The assistant secretary shall assist the secretary in the performance of the secretary's duties and, in the absence or disability of the secretary, perform the duties and exercise the powers of the secretary. The compensation of an assistant secretary shall be determined by the board of commissioners, and the assistant secretary shall be required to give bond in an amount as required by the board of commissioners. The assistant secretary may be appointed from the membership of the board of commissioners but may not be any other officer of the board. If a member of the board of commissioners is appointed as the assistant secretary, the appointed member may not receive compensation for the services and shall be bonded.
73 Pa.C.S. § 3703 — PA Code / Title 73 / Chapter 37 / Section 3703
Bonds.
Status: in_force

(a) Bond requirement.--The township manager shall, if required by the board of commissioners, provide a bond to the township. The township manager shall provide a bond under this subsection with a surety company or other company authorized by the laws of this Commonwealth to act as surety and approved by the board of commissioners. The board of commissioners shall, by ordinance or resolution, provide for the sum of a bond under this subsection conditioned for the faithful performance of the township manager's duties.

(b) Insurance in lieu of bond.--In lieu of the bond required for the faithful performance by the township manager of official duties, the board of commissioners may purchase insurance as provided in section 1902(b) (relating to bonds).
73 Pa.C.S. § 5905 — PA Code / Title 73 / Chapter 59 / Section 5905
Emergency repairs.
Status: in_force

(a) General rule.--A township may make emergency repairs to sidewalks within the township's corporate limits if an officer or designated individual representing the department or committee in charge of repairs to sidewalks upon inspection determines that a substantial and immediate danger exists to public health, safety and welfare.

(b) Report.--The officer or individual shall prepare a written report of the conditions which shall be conclusive evidence of the existence of the emergency justifying the repair.

(c) Intent.--This section is intended to provide an additional remedy for townships in connection with emergency repairs of sidewalks.

(d) Service.--

(1) A copy of the written report shall be served upon the abutting property owner, along with a notice to make emergency repairs to the sidewalk within 48 hours of service of the notice and report.

(2) The notice and copy of the report shall be served under section 5903(d)(1) (relating to paving and curbing sidewalks).

(3) The report shall expressly state that emergency repairs are required.

(4) If the owner fails to make the emergency repairs within the prescribed time, the township may make the emergency repairs to the sidewalk.

(e) Cost.--Upon the completion of emergency repairs, the cost of the repairs shall be a charge against the owner of the abutting property and shall be a lien, until paid, upon the abutting property, provided that a claim is filed for the lien in accordance with the law providing for the filing and collection of municipal claims.

(f) Collection.--The amount of the claim against the owner of the abutting property may also be collected from the owner by an action in assumpsit.
73 Pa.C.S. § 4703 — PA Code / Title 73 / Chapter 47 / Section 4703
Organization of board.
Status: in_force

(a) Oath of office.--The members of the board shall each take the oath or affirmation prescribed for township officers. A secretary or health officer appointed under subsection (b) shall take the oath or affirmation required of members of the board.

(b) Officers.--The board shall annually organize by electing a president from among the members of the board, a secretary, who need not be a member of the board, and a health officer, who may not be a member of the board. The secretary and the health officer shall receive salaries fixed by the board and ratified by the board of commissioners and shall serve for a period of one year or until a successor is elected and qualified.

(c) Bonds.--The board of commissioners may require the secretary and health officer to furnish a bond to the township, in an amount fixed by ordinance, for the faithful discharge of the secretary's or health officer's duties.

(d) Payment of fees and penalties into township treasury.--Fees collected or received by the board, or by an officer in the officer's official capacity, shall be paid into the township treasury monthly, together with penalties which shall be recovered for the violation of a regulation of the board.

(e) Oaths and affirmations.--The president and secretary shall have full power to administer oaths or affirmations in any proceeding or investigation regarding the regulations of the board but shall not be entitled to receive a fee for the administration of oaths and affirmations.
73 Pa.C.S. § 7312 — PA Code / Title 73 / Chapter 73 / Section 7312
Appointment, terms and vacancies.
Status: in_force

(a) Scope.--This section applies to a shade tree commission established under section 7311(a) (relating to right of establishment).

(b) Composition.--The board of commissioners shall appoint three or five shade tree commissioners. Each shade tree commissioner must be a resident of the township.

(c) Terms.--

(1) If three shade tree commissioners are appointed:

(i) one initial term shall be for three years;

(ii) one initial term shall be for four years; and

(iii) one initial term shall be for five years.

(2) If five shade tree commissioners are appointed:

(i) one initial term shall be for one year;

(ii) one initial term shall be for two years;

(iii) one initial term shall be for three years;

(iv) one initial term shall be for four years; and

(v) one initial term shall be for five years.

(3) A term for a subsequent appointment shall be for five years.

(4) A vacancy shall be filled by the board of commissioners for the unexpired term.

(d) Compensation.--Shade tree commissioners shall serve without compensation.
73 Pa.C.S. § 5529 — PA Code / Title 73 / Chapter 55 / Section 5529
Railroad crossings.
Status: in_force

(a) Rail crossings above and below.--Every township constructing a street across a railroad shall construct the street above or below the grade of the railroad, unless permitted by the Pennsylvania Public Utility Commission to construct the street at grade.

(b) New construction.--New construction of a street crossing a railroad or the vacation of a street crossing a railroad shall be constructed or vacated only in the manner consistent with the rules and regulations and under the jurisdiction of the Pennsylvania Public Utility Commission.

(c) Damages.--Compensation for damages to the owners of adjacent property taken, injured or destroyed by the construction of a street crossing a railroad or the vacation of a street crossing a railroad shall be ascertained, fixed and paid under 66 Pa.C.S. Pt. I (relating to public utility code).
73 Pa.C.S. § 1953 — PA Code / Title 73 / Chapter 19 / Section 1953
Discrimination prohibited.
Status: in_force

(a) Application questions.--No question in a form of application for examination or in an examination or inquiry shall be so framed as to elicit information from an applicant in violation of Federal or State antidiscrimination laws, including 42 U.S.C. Ch. 21 (relating to Civil Rights) or the act of October 27, 1955 (P.L.744, No.222), known as the Pennsylvania Human Relations Act. All disclosures by an applicant of information protected by antidiscrimination laws shall be ignored.

(b) Discrimination prohibited.--No discrimination shall be exercised, threatened or promised by a person against or in favor of an applicant or employee in violation of Federal or State antidiscrimination laws, including the Civil Rights Act of 1964 or the Pennsylvania Human Relations Act, and no offer or promise of reward, favor or benefit, directly or indirectly, shall be made to or received by an individual for an act or omission or to be done under this chapter.
73 Pa.C.S. § 7504 — PA Code / Title 73 / Chapter 75 / Section 7504
Public nuisance.
Status: in_force

(a) Abatement.--Except as provided under subsection (b), any building, housing or property or a part of any building, housing or property erected, altered, extended, reconstructed, removed or maintained, contrary to the provisions of an ordinance passed for the purposes specified under this chapter, may be declared, by a court of law, a public nuisance and may be abatable.

(b) Exception.--A violation of the Uniform Construction Code or of an ordinance that equals or exceeds the Uniform Construction Code shall be subject to the provisions of the Pennsylvania Construction Code Act and the regulations promulgated under the Pennsylvania Construction Code Act by the Department of Labor and Industry relating to enforcement for noncompliance.
73 Pa.C.S. § 4311 — PA Code / Title 73 / Chapter 43 / Section 4311
Rewards.
Status: in_force

The board of commissioners may offer rewards for information leading to the arrest and conviction of an individual guilty of a crime within the township.
73 Pa.C.S. § 4349 — PA Code / Title 73 / Chapter 43 / Section 4349
Community development.
Status: in_force

The board of commissioners may undertake community development programs, including urban renewal, public housing, model cities programs and neighborhood development projects.
73 Pa.C.S. § 2905 — PA Code / Title 73 / Chapter 29 / Section 2905
Canceling orders.
Status: in_force

The auditors shall cancel an order or voucher that the auditors find has been paid by writing or stamping the word "audited" on the face of the order or voucher.
73 Pa.C.S. § 3902 — PA Code / Title 73 / Chapter 39 / Section 3902
Land for armory purposes.
Status: in_force

(a) Armories.--Except as provided under subsection (b), the board of commissioners may acquire, by purchase, gift or eminent domain, land for the use of the Pennsylvania National Guard, to be conveyed to the Commonwealth in order to assist the State Armory Board in the erection of armories.

(b) Limitation.--The board of commissioners may not exercise the power granted under subsection (a) to take church property or other actual place of regularly stated religious worship, a graveyard, cemetery or dwelling house or the curtilage of church property or other actual place of regularly stated religious worship, graveyard, cemetery or dwelling house in the actual occupancy of the owner.
73 Pa.C.S. § 6510 — PA Code / Title 73 / Chapter 65 / Section 6510
Default in payment of installment.
Status: in_force

For defaults in the payment of any installment and interest for a period of 60 days after the payment is due, the entire cost of construction of the connection and accrued interest shall become due and the township may collect the unpaid cost of construction of the connection and accrued interest from the owner by a municipal claim or in an action of assumpsit.
73 Pa.C.S. § 3903 — PA Code / Title 73 / Chapter 39 / Section 3903
Assistance to armories.
Status: in_force

(a) Appropriation or conveyance.--The board of commissioners may appropriate money or convey land, either independently or in conjunction with any other municipality, to the Commonwealth for the following purposes:

(1) To assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard.

(2) To furnish reasonable utilities free of cost to the Commonwealth for use in an armory of the Pennsylvania National Guard.

(b) Authorization.--The board of commissioners may take any action necessary to accomplish the purposes specified under subsection (a).
73 Pa.C.S. § 1945 — PA Code / Title 73 / Chapter 19 / Section 1945
Age and applicant's residence.
Status: in_force

An individual may not apply for examination unless the individual is at least 18 years of age at the date of application. The board of commissioners may accept applications from nonresidents of the township and may require nonresident police officers and nonresident paid firefighters to become residents of the township after appointment to the positions. The rules and regulations of the civil service commission shall reflect the residency requirements of the board of commissioners or a collective bargaining agreement or award.
73 Pa.C.S. § 4109 — PA Code / Title 73 / Chapter 41 / Section 4109
Police pension fund.
Status: in_force

(a) Establishment.--If a township maintains a police force of fewer than three full-time members, unless there is a private organization or association constituting and managing an existing pension fund for the members of the police force in the township, the township shall, by ordinance, establish a police pension fund to be maintained by member contributions of an equal percentage charge against each member of the police force. 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, the member contributions shall not annually exceed 4% of the pay of the member.

(b) Investment or insurance instruments.--In lieu of establishing a pension fund in accordance with subsection (a), the township may, by ordinance, provide investment or insurance instruments for the purpose of the payment of pensions or annuities to the members of the police force who receive honorable discharge by reason of age or disability and the families of police officers injured or killed in service.

(c) Administration.--

(1) All pension funds or investment or insurance instruments established under this section shall be under the direction of the board of commissioners, or a committee

as the board of commissioners may designate, and shall be applied under regulations as the board of commissioners may, by ordinance, prescribe for the benefit of the members of the police force who receive honorable discharge by reason of age or disability and the families of police officers injured or killed in service.

(2) The board of commissioners shall appoint by resolution a chief administrative officer who shall have the primary responsibility for the execution of the administrative affairs of the pension plan, subject to the direction of the board of commissioners.

(3) An allowance made to an individual who retires by reason of disability or age shall be in conformity with a uniform scale.

(d) Minimum service and age limit.--The ordinance establishing the police pension fund may prescribe a minimum period of continuous service of not less than 20 years and an age limit after which members of the police force may be retired from active duty and may be entitled to benefits of the fund.

(e) Charges.--Payments made on account of police pensions shall not be a charge on any fund in the treasury of the township or under the control of the township, except the police pension fund.

(f) Contributions.--A township that establishes a police pension fund under this section shall make contributions to the police pension fund in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan under the Municipal Pension Plan Funding Standard and Recovery Act.

(g) Donations.--A township may take, by gift, grant, devise or bequest, money or property, whether real, personal or mixed, in trust for the benefit of the police pension fund. The care, management, investment and disposal of the trust funds or property, whether real, personal or mixed, shall be vested in the officers as the board of commissioners shall direct by ordinance and shall be governed by the officers, subject to any directions not inconsistent with the ordinance as the donors of the trust funds and property may prescribe.

(h) Apportionment.--

(1) The basis of the apportionment of the pension benefit shall:

(i) be determined by the rate of monthly pay of the member at the date of death, honorable discharge or retirement; and

(ii) not exceed in any year one-half the annual pay of the member, computed at the member's monthly rate.

(2) An individual who participates in the police pension fund and becomes entitled to receive a benefit from the fund shall not be deprived of the individual's right to an equal and proportionate share of the fund upon the basis upon which the individual first became entitled to the benefit.

(i) (Reserved).

(j) Effect of other laws.--The act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law, or the act of February 1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal Retirement Law, shall govern a township police pension fund not established under the provisions of this section.
73 Pa.C.S. § 5516 — PA Code / Title 73 / Chapter 55 / Section 5516
Failure of board of commissioners to hold hearing.
Status: in_force

If, after the filing of a petition under this chapter, the board of commissioners fails to hold a required hearing, an aggrieved party may file a mandamus action in the court of common pleas requesting that a hearing be held.
73 Pa.C.S. § 5504 — PA Code / Title 73 / Chapter 55 / Section 5504
Power to lay out, open, vacate and alter streets.
Status: in_force

With regard to a street or portion of a street within township limits, a township may, with or without petition of abutting property owners, do any of the following:

(1) Lay out, open, widen, straighten, alter, extend, relocate and improve.

(2) Establish or reestablish the grades.

(3) Keep in order and repair and in safe passable condition.

(4) Vacate and discontinue when deemed expedient for the public good.

(5) With the approval of the Department of Transportation, vacate highways laid out by the Commonwealth within the township limits which have remained unopened for 30 years. Cross References. Section 5504 is referred to in section 5502 of this title.
73 Pa.C.S. § 4360 — PA Code / Title 73 / Chapter 43 / Section 4360
Mines and quarries.
Status: in_force

(a) Duty of owners, operators and superintendents.--The owner, operator or superintendent of a mine, colliery or quarry located wholly or partially within the limits of the township shall furnish maps, plans and drawings of workings, excavations and surface support to the township as the board of commissioners may require, and the following shall apply:

(1) In the case of a coal mine or colliery, the map or plan shall exhibit the workings or excavations in every seam of coal on a separate sheet and the tunnels and passages connecting with the workings or excavations.

(2) The map or plan under paragraph (1) shall show:

(i) In degrees the general inclination of the strata, with any material deflection in the strata in the workings or excavations.

(ii) Tidal elevations of the bottom of every shaft, slope, tunnel and gangway and of any other point in the mine or on the surface where the elevation is deemed necessary by the township.

(iii) The number of the last survey on the gangways or the most advanced workings.

(3) The owner, operator or superintendent of the mine, colliery or quarry shall update, at least once every three months, the pertinent maps, plans and drawings to reflect any extension made in a mine, colliery or quarry during the three preceding months, except those made within 30 days

immediately preceding the time of placing the extensions on the map or drawing.

(4) A township engineer, assistant or other person authorized by the board of commissioners may enter and survey a mine, colliery or quarry within the limits of the township, at all reasonable times, but not so as to impede or obstruct the workings of the mine, colliery or quarry.

(5) The owner, operator or superintendent of the mine, colliery or quarry shall furnish the means necessary for the entry, survey and exit.

(b) (Reserved).
73 Pa.C.S. § 6161 — PA Code / Title 73 / Chapter 61 / Section 6161
Building joint sewers.
Status: in_force

(a) General rule.--Under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), a township may contract with another municipal corporation providing for the joint construction or maintenance of sanitary sewer systems and for joint construction onto existing sanitary sewer systems, and the following shall apply:

(1) The agreement shall provide for the apportionment of costs among the municipal corporations.

(2) The board of commissioners may assess the township's respective portion of the costs, as may be legally assessable, upon property benefited by the facilities under
73 Pa.C.S. § 1952 — PA Code / Title 73 / Chapter 19 / Section 1952
Present employees exempted.
Status: in_force

All appointments in the police or fire forces of townships, including the chief of police or equivalent official, prior to the creation of a civil service commission, shall continue to hold their positions and may not be required to take an examination under this chapter except that which may be required for promotion. This section may not be construed to apply to individuals employed temporarily in emergency cases.
73 Pa.C.S. § 5528 — PA Code / Title 73 / Chapter 55 / Section 5528
Penalty for destroying signs.
Status: in_force

(a) Unlawful sign modification or destruction.--It shall be unlawful for a person to willfully destroy, remove, injure or deface a sign legally erected upon or near a public street, highway or bridge by the board of commissioners, or legally erected with the consent of the board of commissioners over a public street, highway or bridge, by a club, association or other organized body, for the direction, guidance or safety of travelers. It shall also be unlawful for a person to willfully destroy, remove, injure or deface a temporary traffic-control device legally erected to enhance traffic or worker safety in a construction or maintenance work zone, including cones, batons, barrels, barricades, signs, sign trucks, arrow boards or other devices specified in a traffic safety plan approved by the township or the Department of Transportation.

(b) Summary offense.--A person who violates this section commits a summary offense and, upon conviction, shall be punished in accordance with section 7711 (relating to fines and penalties), which may include the costs of labor, materials and prosecution. Money collected shall be paid to the township treasurer.
73 Pa.C.S. § 1937 — PA Code / Title 73 / Chapter 19 / Section 1937
Minutes and records.
Status: in_force

The civil service commission shall keep minutes of its proceedings and records of examinations and other official actions. Each recommendation of applicants for appointment received by the civil service commission shall be kept and preserved for a period of five years. Records and written causes of removal filed with the civil service commission, except as provided in section 1951 (relating to hearings on dismissals and demotions), shall be subject to reasonable regulation and open to public inspection under the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
73 Pa.C.S. § 4310 — PA Code / Title 73 / Chapter 43 / Section 4310
Lockup facilities.
Status: in_force

The board of commissioners may provide for lockup facilities in the township for the temporary detention and confinement of individuals.
73 Pa.C.S. § 4905 — PA Code / Title 73 / Chapter 49 / Section 4905
Investment of township funds.
Status: in_force

(a) General rule.--The board of commissioners shall have power to provide for the investment of money in the general township fund or in special funds.

(b) Sinking funds.--The board of commissioners shall have power to invest township sinking funds as authorized under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(c) Investment standard.--The board of commissioners shall invest township funds consistent with sound business practices.

(d) Restrictions.--The board of commissioners shall provide for an investment program subject to restrictions contained in this chapter and in any other applicable statute and any rules and regulations adopted by the board of commissioners.

(e) Authorized investments.--In addition to investments authorized under the act of July 25, 1973 (P.L.217, No.53), entitled "An act authorizing cities of the first class and second class to invest all funds received and deposited with the city treasurer in certain commercial paper under certain terms and conditions; and providing for investment of public corporation or municipal authority funds," a township may invest in:

(1) United States Treasury bills.

(2) Short-term obligations of the United States Government or its agencies or instrumentalities.

(3) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law shall be pledged by the depository. Those deposits are differentiated from savings or demand deposits as authorized by the act of July 25, 1973 (P.L.217, No.53).

(4) Obligations of any of the following:

(i) the United States of America or any of its agencies or instrumentalities backed by the full faith and credit of the United States of America;

(ii) the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the Commonwealth; or

(iii) a political subdivision of the Commonwealth of Pennsylvania or any of its agencies or instrumentalities backed by the full faith and credit of the political subdivision.

(5) Shares of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.), whose shares are registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), provided that the only investments of that company are in the authorized investments for township funds listed in paragraphs (1), (2), (3) and (4), and both of the following conditions are met:

(i) The investment company is managed in accordance with 17 CFR 270.2a-7 (relating to money market funds).

(ii) The investment company is rated in the highest category by a nationally recognized rating agency.

(6) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are insured, and, for any amounts above the insured maximum, provided that approved collateral as provided by law shall be pledged by the depository. Certificates of deposit purchased from commercial banks shall be limited to an amount equal to 20% of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks shall be limited to an amount equal to 20% of an institution's assets minus liabilities.

(7) An investment authorized under 20 Pa.C.S. Ch. 73 (relating to municipalities investments) shall be an authorized investment for a pension or retirement fund.

(f) Powers of board of commissioners.--In making investments of township funds, the board of commissioners shall have authority to:

(1) Permit assets pledged as collateral under subsection

(e)(3), to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), entitled "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws; establishing a standard rule for the types, amounts and valuations of assets eligible to be used as collateral for deposits of public funds; permitting assets to be pledged against deposits on a pooled basis; and authorizing the appointment of custodians to act as pledgees of assets."

(2) Combine money from more than one fund under township control for the purchase of a single investment if:

(i) each of the funds combined for the purpose shall be accounted for separately; and

(ii) the earnings from the investment are separately and individually computed and recorded and credited to the accounts from which the investment was purchased.

(3) Join with one or more other political subdivisions and municipal authorities in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) in the purchase of a single investment, provided that the requirements of paragraph (2) are met. Cross References. Section 4905 is referred to in section 4341 of this title.
73 Pa.C.S. § 4347 — PA Code / Title 73 / Chapter 43 / Section 4347
Appropriations for urban common carrier mass transportation.
Status: in_force

The board of commissioners may:

(1) Appropriate money for urban common carrier mass transportation purposes from current revenues.

(2) Make annual contributions to county departments of transportation or urban common carrier mass transportation authorities to assist the departments or the authorities to meet the costs of operation, maintenance, capital improvements and debt service.

(3) Enter into long-term agreements providing for the payment of the contributions.
73 Pa.C.S. § 7706 — PA Code / Title 73 / Chapter 77 / Section 7706
Standard or nationally recognized codes.
Status: in_force

(a) Incorporation by reference.--

(1) Except as provided in paragraph (2) or the Pennsylvania Construction Code Act, the board of commissioners may incorporate by reference a standard or nationally recognized code or a portion of the standard or code in an ordinance.

(2) A portion of a code which limits the work to be performed to any type of construction contractor or labor or mechanic classification may not be incorporated by reference.

(3) Three copies of the incorporated material must be filed with the township secretary at least 10 days before the board of commissioners considers the proposed ordinance.

(4) Upon enactment, a copy of the incorporated material shall be kept with the ordinance book and available for public use, inspection, examination and copying.

(b) Time frame.--

(1) Except as provided in the Pennsylvania Construction Code Act and regulations adopted under that act, an ordinance under subsection (a) shall be enacted within 60 days after the ordinance is filed with the secretary of the township and shall encompass the provisions of the code and be effective as of the code date stated in the ordinance.

(2) A township that has adopted any standard or nationally recognized code by reference may adopt subsequent ordinances which incorporate by reference any subsequent changes thereof, properly identified as to date and source, as may be adopted by the agency or association which promulgated the code.

(3) An ordinance which incorporates standard or nationally recognized code amendments by reference shall become effective after the same procedure and in the same manner as is specified in this section for original adoption of the code.

(c) Technical regulations or code.--An ordinance which incorporates by reference standard technical regulations or code is subject to applicable provisions of the Pennsylvania Construction Code Act.
73 Pa.C.S. § 1103 — PA Code / Title 73 / Chapter 11 / Section 1103
Excluded provisions.
Status: in_force

This part does not include any provisions, and shall not be construed to repeal any act, relating to:

(1) The assessment and valuation of property and persons for the purposes of taxation and collection of taxes, except as provided in this part.

(2) The collection of municipal claims by liens.

(3) The method of incurring or increasing bonded indebtedness.

(4) Conduct of elections.

(5) Public schools and school districts.

(6) The powers and duties of constables.

(7) Magisterial district judges.

(8) State highways and private roads.

(9) Any of the provisions of 75 Pa.C.S. (relating to vehicles).

(10) Validation of elections, bonds, ordinances and acts of corporate officers.

(11) Any of the provisions of 24 Pa.C.S. Ch. 93 (relating to public library code).

(12) Crimes and offenses provided for in 18 Pa.C.S. (relating to crimes and offenses).

(13) Any law relating to the giving of municipal consent to public utilities.
73 Pa.C.S. § 105 — PA Code / Title 73 / Chapter 1 / Section 105
Classification of townships.
Status: in_force

(a) General rule.--Townships now in existence and those to be created are divided into two classes:

(1) townships of the first class; and

(2) townships of the second class.

(b) Township of the first class.--A township of the first class shall be a township having a population of at least 300 inhabitants to the square mile and:

(1) is functioning as a township of the first class as of June 24, 1931; or

(2) was created after June 24, 1931, as a township of the first class in the manner provided in this part.

(c) Township of the second class.--A township that is not a township of the first class or a home rule municipality shall be classified as a township of the second class.

(d) Change between classes.--A change from one class to the other shall be made only as provided by this part or the laws relating to townships of the second class.
73 Pa.C.S. § 4338 — PA Code / Title 73 / Chapter 43 / Section 4338
Regulation of charges.
Status: in_force

The board of commissioners may make and regulate charges for the use of township facilities.
73 Pa.C.S. § 6309 — PA Code / Title 73 / Chapter 63 / Section 6309
Collection of assessments.
Status: in_force

(a) Authority.--The board of commissioners shall have the power to authorize the township treasurer or other township official to collect assessments.

(b) Procedure.--The following shall apply to the collection of assessments:

(1) A township may collect an assessment that remains unpaid for 60 days after personal notice was given under section 6306 (relating to notice of assessment) unless an installment agreement has been entered into under section 6308 (relating to payment of assessments in installments).

(2) An assessment made under this chapter may be collected in the same manner as municipal claims under the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law, or by instituting a civil action against the owner of the benefited property.

(3) Interest on an unpaid assessment shall begin to accrue from the time of completion of the improvement at a rate not to exceed 6% per year unless a bond is issued for the improvement, in which case the maximum interest rate shall be as provided in section 9 of the Municipal Claim and Tax Lien Law.

(4) If a property owner has two or more lots against which there is an assessment for the same improvement, all of the lots may be embraced in one claim.

(5) Assessments, whether paid one time or by installments, shall be payable at the office of the township treasurer or any other place designated by ordinance.
73 Pa.C.S. § 3901 — PA Code / Title 73 / Chapter 39 / Section 3901
Eminent domain for National Guard purposes.
Status: in_force

(a) Eminent domain.--Except as provided under subsection

(b), the board of commissioners may take, by the right of eminent domain for the purpose of appropriating to the township for the use of the Pennsylvania National Guard, public lands, easements and public property in the township's possession or control and used or held by the township for any other purpose. The board of commissioners may exercise eminent domain under

this subsection regardless of any limitation on the use of public lands, easements and public property in a donation, dedication, appropriation, ordinance or other document.

(b) Limitation.--The board of commissioners may not exercise eminent domain under subsection (a) on a street, highway or wharf.
73 Pa.C.S. § 5514 — PA Code / Title 73 / Chapter 55 / Section 5514
Powers of State and counties preserved.
Status: in_force

Nothing contained in this chapter shall be held to restrict or limit the Department of Transportation or any county in the exercise of any duties, powers and functions under the provisions of State law.
73 Pa.C.S. § 6103 — PA Code / Title 73 / Chapter 61 / Section 6103
Notice of contemplated construction.
Status: in_force

No sanitary sewer system shall be constructed under this chapter unless an ordinance of the board of commissioners authorizing the construction is published once in a newspaper of general circulation under section 1107 (relating to legal advertising).
73 Pa.C.S. § 4364 — PA Code / Title 73 / Chapter 43 / Section 4364
Validity of township records and recording or transcribing of township records.
Status: in_force

(a) General rule.--A township record required to be recorded or transcribed shall be deemed valid if typewritten, printed, photocopied, microfilmed or electronically or digitally stored or retained by any other process that accurately reproduces the original and forms a durable medium for recording, storing and reproducing in accordance with the act of May 9, 1949 (P.L.908, No.250), entitled "An act relating to public records of political subdivisions other than cities and counties of the first class; authorizing the recording and copying of documents, plats, papers and instruments of writing by digital, photostatic, photographic, microfilm or other process, and the admissibility thereof and enlargements thereof in evidence; providing for the storage of duplicates and sale of microfilm and digital copies of official records and for the destruction of other records deemed valueless; and providing for the services of the Pennsylvania Historical and Museum Commission to political subdivisions."

(b) Specifications of records in books.--If recording or transcribing in a specified book of record is required, including minutes of the proceedings of the board of commissioners, the records shall be recorded or transcribed as follows:

(1) in a mechanical post binder book capable of being permanently sealed with consecutively numbered pages with a security code printed on it and a permanent locking device with the township seal being impressed on each page; or

(2) in a bound book with pages being consecutively numbered by transcribing directly upon the pages of the book of record or by permanently attaching the records or copies to the book of record with the township seal being impressed on each page to which the record is attached, with each impression covering both a portion of the attached record

and a portion of the page of the book of record to which the record is attached.

(c) Validation of previous records.--Records previously recorded or transcribed in a manner authorized by law at the time the records were recorded or transcribed are validated.
73 Pa.C.S. § 1104 — PA Code / Title 73 / Chapter 11 / Section 1104
Construction of part generally.
Status: in_force

(a) General rule.--The provisions of this part so far as they are the same as those of laws in effect prior to June 24, 1931, are intended as a continuation of laws in effect prior to June 24, 1931, and not as new enactments. The repeal by this part of any act of the General Assembly, or part thereof, shall not revive any act, or part thereof, repealed or superseded prior to June 24, 1931, nor affect the existence of class of any township created prior to June 24, 1931. The provisions of this part shall not affect any act done, liability incurred, or right accrued or vested, or affect any suit or prosecution, pending or to be instituted, to enforce any right or penalty or punish any offense under the authority of the repealed laws. All ordinances, resolutions, regulations and rules, made pursuant to any act of the General Assembly repealed by this part, shall continue with the same force and effect as if the act had not been repealed.

(b) Powers and duties continued.--The board of commissioners shall have the corporate powers and duties and township officials shall have the powers and duties, not only as specified in this part but also as provided in other laws, to the extent that the powers and duties are not repealed by this part.
73 Pa.C.S. § 1701 — PA Code / Title 73 / Chapter 17 / Section 1701
Eligibility.
Status: in_force

(a) General rules.--

(1) Only a registered elector of a township may be eligible to an elective office in the township.

(2) Before being sworn into office, each elected township officer, or, except as provided under section 1711 (relating to vacancies), each appointed township officer in case of a vacancy in an elective office, shall present a signed affidavit to the township secretary stating that the officer resides in the township, or within the ward in the case of a ward office, from which elected or appointed and has resided in the township or ward continuously for at least one year immediately prior to the officer's election or appointment.

(3) In the case of a newly created ward in existence for less than one year at the time of a township officer's election or appointment, the affidavit under paragraph (2) shall state that the officer has resided within the township continuously for at least one year immediately prior to the officer's election or appointment and within the ward from the date of the ward's creation continuously until the officer's election or appointment.

(b) Vacancy for failure to satisfy requirements of office.--If an individual elected to office, or appointed to an elective office, fails to give the required bond, take the required oath or provide a signed affidavit, a vacancy is created in the office for which the individual was elected or appointed, and the vacancy shall be filled as provided in section 1711.

(c) More than one office prohibited.--No individual may hold more than one elective township office at the same time. Cross References. Section 1703 is referred to in sections 1711, 2921 of this title.
73 Pa.C.S. § 7703 — PA Code / Title 73 / Chapter 77 / Section 7703
Recording and proof.
Status: in_force

(a) Recording.--A township ordinance and a township resolution pertaining to tax levies shall, within 30 days after enactment, be recorded by the township secretary in an ordinance book. Failure to record within the time provided shall not be deemed a defect in the process of enactment of the ordinance or resolution pertaining to a tax levy. The ordinance book shall be open to the inspection of citizens during normal business hours.

(b) Proof.--An ordinance may be proved by the certificate of the township secretary under the corporate seal. If an ordinance is printed or published in book or pamphlet form by the authority of the township, the ordinance shall be accepted as evidence without further proof. The entry of the township ordinance in the ordinance book shall be sufficient without the

signature of the president of the board of commissioners or other person.

(c) Prior ordinances.--The text of a township ordinance or a portion of an ordinance which was attached to the ordinance book before July 31, 1963, shall be considered in force as if the ordinance or portion of ordinances had been recorded directly in the ordinance book if all other requirements of this chapter applicable to the enactment, approval, advertising and recording were complied with within the time limits prescribed under this chapter.
73 Pa.C.S. § 7113 — PA Code / Title 73 / Chapter 71 / Section 7113
License fees on residents not to exceed those on nonresidents.
Status: in_force

A township may not pass an ordinance imposing a license fee upon a manufacturer, including an agent, representative and employee, that is a resident of this Commonwealth for soliciting orders for or selling personal property manufactured within this Commonwealth if the township could not legally impose the same license fee upon a manufacturer, including an agent, representative and employee, that is a nonresident of the Commonwealth for soliciting orders for or selling personal property manufactured outside this Commonwealth.
73 Pa.C.S. § 4702 — PA Code / Title 73 / Chapter 47 / Section 4702
Members of board.
Status: in_force

(a) Composition.--

(1) A board of health appointed by the board of commissioners shall be composed of three or five members, at the discretion of the board of commissioners.

(2) At least one of the board members shall be a reputable professional health care provider with no less than two years' experience in the practice of the respective profession.

(3) If no professional health care provider can be identified to serve on the board, the board of commissioners may appoint an individual at a public meeting who has experience in, or is knowledgeable of, public health issues.

(b) First appointments.--At the first appointment for a board:

(1) With three members:

(i) One member shall be appointed to serve for one year.

(ii) One member shall be appointed to serve for two years.

(iii) One member shall be appointed to serve for three years.

(2) With five members:

(i) One member shall be appointed to serve for one year.

(ii) One member shall be appointed to serve for two years.

(iii) One member shall be appointed to serve for three years.

(iv) One member shall be appointed to serve for four years.

(v) One member shall be appointed to serve for five years.

(3) Subsequent terms for board members shall be staggered, and, for a three-member board, a subsequent term shall be three years, and, for a five-member board, a subsequent term shall be five years.

(c) Salary for secretary.--The members of the board of health shall serve without compensation, but if a member of the board shall be elected to the office of secretary, the member shall be entitled to receive a salary fixed by the board for that office.

(d) Definition.--As used in this section, the term "professional health care provider" means an individual who is licensed, certified or registered to practice or operate in the health care field under the laws of this Commonwealth. The term includes the following:

(1) A physician.

(2) A dentist.

(3) A podiatrist.

(4) A chiropractor.

(5) An optometrist.

(6) A psychologist.

(7) A pharmacist.

(8) A registered or practical nurse.

(9) A physical therapist.

(10) A physician's assistant.

(11) A paramedic.

(12) An administrator of a hospital, nursing or convalescent home or other health care facility.

(13) A veterinarian.
73 Pa.C.S. § 5523 — PA Code / Title 73 / Chapter 55 / Section 5523
Power to open drains and ditches.
Status: in_force

(a) Maintenance.--The board of commissioners or its agents and employees may enter any lands or enclosures and cut, open, maintain and repair drains or ditches through the property when necessary to carry the water from the streets.

(b) Summary offense.--A person who damages or diverts a drain or ditch without the authority of the board of commissioners commits a summary offense and is liable for the cost of restoring the drain or ditch. All money recovered under this subsection shall be paid to the township treasurer.
73 Pa.C.S. § 4706 — PA Code / Title 73 / Chapter 47 / Section 4706
Powers and duties of board of health.
Status: in_force

(a) General rule.--A board of health has the following powers:

(1) Recommend to the board of commissioners rules and regulations necessary for the preservation of the public health and for carrying into effect the functions of the board.

(2) Appoint a health officer.

(3) Abate and remove nuisances the board of health deems detrimental to the public health.

(4) Mark infected premises.

(b) Enforcement.--A board of health has the duty to enforce all of the following related to the promotion of public health and prevention of the introduction and spread of infectious or contagious disease:

(1) A statute.

(2) A regulation of the Department of Health.

(3) An ordinance of the township. Cross References. Section 4706 is referred to in section 4707 of this title.
73 Pa.C.S. § 6507 — PA Code / Title 73 / Chapter 65 / Section 6507
Water districts.
Status: in_force

The board of commissioners may designate, define and create one or more water districts within the township and the board of commissioners shall determine the proportion of the cost of the water system which shall be equitably charged on each district and declare and establish the apportionment by resolution. A water district may not be charged with more than the district's due proportion of the cost of the main pipe lines, pumping stations or other parts of the water system used jointly by more than one district.
73 Pa.C.S. § 4363 — PA Code / Title 73 / Chapter 43 / Section 4363
Storm water.
Status: in_force

A township may, by ordinance, after obtaining a required permit from the Department of Environmental Protection or other Federal or State entity, acquire, operate and maintain areas for the infiltration, detention or retention of storm water and for other methods of storm water management authorized by the Department of Environmental Protection.
73 Pa.C.S. § 7331 — PA Code / Title 73 / Chapter 73 / Section 7331
Right of acquisition of forest lands.
Status: in_force

A township has the following powers:

(1) To acquire, by purchase, gift or lease, a tract of land covered with forest or tree growth or suitable for the growth of trees for the benefit of the township. A tract under this paragraph may be located within or outside the township.

(2) To administer a tract under paragraph (1) in accordance with the practices and principles of scientific forestry.
73 Pa.C.S. § 4912 — PA Code / Title 73 / Chapter 49 / Section 4912
Special levies to pay indebtedness.
Status: in_force

In addition to the levies provided for in section 4908 (relating to tax levies), when it is shown to the court that the debts due by a township exceed the amount which the board of commissioners may collect in any year by taxation, the court, after ascertaining the amount of indebtedness of the township, may, in an action of mandamus, direct the board of commissioners by special taxation to collect an amount sufficient to pay the debts. If the amount of the indebtedness is so large as to render it unadvisable to collect the entire amount in any one year, taking into consideration other necessary taxation, the court may direct the special taxes to be levied and collected during successive years as may be required for payment of the debt.
73 Pa.C.S. § 7319 — PA Code / Title 73 / Chapter 73 / Section 7319
Removal of diseased or dangerous trees.
Status: in_force

(a) Owners.--The shade tree commission may, by regulation and upon notice required by an ordinance, order a property owner to cut and remove trees afflicted with a disease which threatens to injure or destroy shade trees in the township.

(b) Commission.--If an owner does not comply with an order under subsection (a), the township may perform work and assess and collect the cost against the property owner under section 7318 (relating to payment by owners and assessment).
73 Pa.C.S. § 2914 — PA Code / Title 73 / Chapter 29 / Section 2914
Findings of facts and law, judgment and appeals.
Status: in_force

After a hearing, the court shall file its findings of fact and law and enter a judgment accordingly. A judgment entered by the court may be enforced by the prevailing party by an appropriate proceeding. An appeal from the court's ruling may be initiated in accordance with the laws of this Commonwealth. Cross References. Section 2914 is referred to in section 2923 of this title.
73 Pa.C.S. § 2911 — PA Code / Title 73 / Chapter 29 / Section 2911
Appeals from report.
Status: in_force

A township, registered elector or taxpayer on behalf of the township or an officer or person whose account is settled or audited by the auditors may appeal from the settlement or audit to the court of common pleas within 45 days from the date of the filing of the report of the auditors with the clerk of the court of common pleas. Cross References. Section 2911 is referred to in sections 2916, 2923 of this title.
73 Pa.C.S. § 4106 — PA Code / Title 73 / Chapter 41 / Section 4106
Supervision of police.
Status: in_force

The chief of police and police officers shall obey the orders of the board of commissioners or any other person or committee as designated by ordinance or resolution of the board of commissioners for that purpose.
73 Pa.C.S. § 4327 — PA Code / Title 73 / Chapter 43 / Section 4327
Health and cleanliness regulations.
Status: in_force

The board of commissioners may make regulations as necessary for the health, safety, morals, general welfare, cleanliness, beauty, convenience and comfort of the township and its inhabitants.
73 Pa.C.S. § 5526 — PA Code / Title 73 / Chapter 55 / Section 5526
Naming of streets.
Status: in_force

The board of commissioners may provide for and regulate the naming of streets and highways. When the naming of a street or highway will affect signage maintained by the Department of Transportation, the board of commissioners shall notify the department.
73 Pa.C.S. § 1933 — PA Code / Title 73 / Chapter 19 / Section 1933
Offices incompatible with civil service commissioner.
Status: in_force

A civil service commissioner may not hold an elective or appointed office under the Federal Government, the Commonwealth or a political subdivision of the Commonwealth, except that one member of the civil service commission may be a member of the board of commissioners.
73 Pa.C.S. § 5501 — PA Code / Title 73 / Chapter 55 / Section 5501
Definitions.
Status: in_force

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Improving a street" or "improvement." Work on a street or portion of a street done or proposed to be done in order to open the street if the street has not previously been opened or, if previously opened, to make the street more usable or more suitable for use by the traveling public or safer for use. The term includes, but is not limited to, grading, paving and curbing. The term does not include maintenance or repaving.

"Laying out." The plotting of:

(1) An unopened street or portion of the street on a township plan or official map adopted in accordance with the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, on a subdivision or land development plan or by the enactment of an ordinance adopted in accordance with this chapter.

(2) An unopened street in a case where any of the lines of the street are proposed to be revised or in a case where the street was never previously laid out although the street may have been opened and used.

"Opened streets." The streets within the township used as public passageways.

"Opening a street." The construction and grading of a street or portion of a street and the act of physically taking possession of an area or laid-out street for the purpose of making the street usable to the traveling public.

"Portion." A portion either of the width or length of a street. Opening a portion of a street may mean extending or widening a street, and vacating a portion of a street may mean closing or narrowing a street.

"Street." A street, road, lane, alley, court or public square for or intended for public use. The term includes the cartway, sidewalk, gutter, curb or right-of-way area, whether

or not the street, or any portion of the street, that is owned in fee by others than the township. Streets are of two classes, opened and unopened.

"Unopened streets." The streets within the township neither used as a public passageway nor accepted or maintained, but plotted in one of the following:

(1) a township plan or official map adopted in accordance with the Pennsylvania Municipalities Planning Code;

(2) an ordinance laying out the street in accordance with this chapter;

(3) a subdivision or land development plan; or

(4) an individual deed.
73 Pa.C.S. § 5515 — PA Code / Title 73 / Chapter 55 / Section 5515
Exclusive nature of provisions.
Status: in_force

No street may be dedicated, accepted, acquired, laid out, opened or vacated by a township except under this chapter.
73 Pa.C.S. § 4343 — PA Code / Title 73 / Chapter 43 / Section 4343
Industrial promotions.
Status: in_force

The board of commissioners may make appropriations to an industrial development agency.
73 Pa.C.S. § 2305 — PA Code / Title 73 / Chapter 23 / Section 2305
Use of special funds and penalty.
Status: in_force

When money is collected for a special purpose, a township treasurer or township commissioner may not apply that money to any purpose other than that for which it was collected. Every misapplication shall be a misdemeanor of the third degree, and, in addition to the fine or penalty which may be imposed upon conviction, the defendant shall be required to pay restitution in the amount of money improperly spent.
73 Pa.C.S. § 110 — PA Code / Title 73 / Chapter 1 / Section 110
Certificate of creation of township.
Status: in_force

If a township of the first class is created, the clerk of the court shall certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy

of the record constituting the charter of the township. The clerk of the court may charge a fee of $3.50 to be paid as part of the costs of the proceedings.
73 Pa.C.S. § 5703 — PA Code / Title 73 / Chapter 57 / Section 5703
Boundary bridges.
Status: in_force

(a) Intergovernmental cooperation permitted.--If a bridge crosses the boundary line of a township and another municipal corporation, the township may enter into an intergovernmental cooperation agreement in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) with the municipal corporation for the construction and maintenance of the bridge and for apportionment of the costs.

(b) Court petition.--If an amicable agreement on the proportionate share of costs of construction, maintenance and repair of boundary bridges cannot be executed, the board of commissioners or the governing body of the other municipal corporation involved may petition the court of common pleas of the county or counties for a determination of the rights and responsibilities of the respective municipal corporations involved.
73 Pa.C.S. § 6513 — PA Code / Title 73 / Chapter 65 / Section 6513
Joint commission.
Status: in_force

(a) Appointment.--The municipal corporations joining in the construction or acquisition and maintenance of a water system may, by ordinance, provide for the appointment of a joint commission of a water system in order to facilitate the construction, operation and maintenance of the water system and to secure preliminary surveys and estimates.

(b) Agency.--The joint commission shall act generally as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance.

(c) Composition.--The joint commission shall be composed of one representative, or alternatively an equal number of representatives, from each of the joining municipal corporations. The members of the joint commission shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed.

(d) Organization.--The joint commission shall organize by the election of a chairperson, secretary and treasurer. The secretary and treasurer may be the same individual.

(e) Appointments.--The municipal corporations may, in the ordinances creating the joint commission, authorize the joint commission to appoint an engineer, a solicitor and other assistants as are deemed necessary, and agree to share the compensation costs for members who attend meetings which shall be fixed in the budget prepared by the joint commission and submitted to and adopted by the joining municipal corporations. In addition to the agreed upon compensation that a member receives for each attendance at a meeting, members shall be entitled to actual expenses to be paid by the respective municipal corporations that the members represent.
73 Pa.C.S. § 3501 — PA Code / Title 73 / Chapter 35 / Section 3501
Township engineer.
Status: in_force

(a) Appointment.--The board of commissioners may appoint and determine the compensation of a township engineer. The township engineer shall serve at the pleasure of the board of commissioners.

(b) Definition.--As used in this section, the term "engineer" means a registered professional engineer or firm of registered professional engineers.
73 Pa.C.S. § 2912 — PA Code / Title 73 / Chapter 29 / Section 2912
Appeal bond.
Status: in_force

An appeal by a registered elector, taxpayer or officer may not be allowed unless the appellant secures a bond with sufficient surety to prosecute the appeal and pay all the costs of appeal under any of the following circumstances:

(1) If the appellant is a registered elector or taxpayer, the appellant fails to obtain a final decision more favorable to the township than that awarded by the auditors.

(2) If the appellant is an accounting officer, the appellant fails to obtain a final decision more favorable to the officer than that awarded by the auditors. Cross References. Section 2912 is referred to in section 2923 of this title.
73 Pa.C.S. § 7101 — PA Code / Title 73 / Chapter 71 / Section 7101
Licensing transient retail business.
Status: in_force

(a) Regulation.--A township may, by ordinance, regulate and license transient retail merchants engaged in any transient retail business within the township. The ordinance may prohibit the commencement or transaction of any transient retail business until or unless the license required by the ordinance has been obtained from the township by the individual, firm or corporation desiring to commence the transient retail business. The ordinance may be enforced by a penalty, not to exceed $300, for a violation of the provisions of the ordinance and may provide for other means of enforcement.

(b) Fees.--The board of commissioners may establish license fees for businesses regulated under this section. The license fees shall bear a reasonable relationship to the cost of administering the ordinance and regulating, inspecting and supervising each business.

(c) Construction.--Nothing contained in this section shall be construed to apply to any of the following:

(1) farmers selling their own produce;

(2) a person selling personal property, donated by the owners, if the proceeds of the sale are to be applied to a charitable or philanthropic purpose; or

(3) a manufacturer or producer in the sale of bread and bakery products, meat and meat products or milk and milk products.
73 Pa.C.S. § 2704 — PA Code / Title 73 / Chapter 27 / Section 2704
Records open to inspection.
Status: in_force

The minutes and other records and documents of every township shall be open in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
73 Pa.C.S. § 6702 — PA Code / Title 73 / Chapter 67 / Section 6702
Regulation of use and prices.
Status: in_force

A township furnishing electricity under this chapter 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.
73 Pa.C.S. § 4323 — PA Code / Title 73 / Chapter 43 / Section 4323
Animals.
Status: in_force

The board of commissioners may prohibit or regulate, by ordinance, the following:

(1) The running at large of dogs and direct the seizure, detention or euthanization of dogs running at large, including reasonable associated charges, and provide for the sale of the dogs for the benefit of the township.

(2) The running at large of other animals and authorize their seizure and detention, including reasonable associated charges, and provide for sale of the animals for the benefit of the township.
73 Pa.C.S. § 1932 — PA Code / Title 73 / Chapter 19 / Section 1932
Civil service commission.
Status: in_force

(a) Establishment.--Subject to section 1931.1(a) (relating to appointments of police and firefighters), a civil service commission is established in each township where a police force or paid firefighters force is maintained.

(b) Composition and terms.--The civil service commission shall consist of three civil service commissioners who shall be qualified electors of the township and shall be appointed by the board of commissioners initially to serve for the terms of two, four and six years. On the expiration of the term of a civil service commissioner, the successor shall be appointed for a term of six years.

(c) Vacancy.--A vacancy occurring in the civil service commission shall be filled by the board of commissioners for the remainder of the unexpired term no later than 30 days after the vacancy occurs.

(d) Oath.--Before entering upon the discharge of the duties of office, a civil service commissioner shall take an oath or affirmation of office in accordance with 53 Pa.C.S. § 1141 (relating to form of oaths of office).

(e) Alternate members.--The board of commissioners may appoint no more than three qualified electors of the township to serve as alternate members of the civil service commission. The term of office of the alternate members shall be six years. If seated under section 1934 (relating to organization of commission and quorum), an alternate shall be entitled to participate in each proceeding and discussion of the civil service commission to the same and full extent as provided by law for civil service commission members, including the right to cast a vote as a voting member during the proceedings, and shall have the powers and duties under this title and as provided by law. An alternate may not hold another office in the township. An alternate may participate in a proceeding or discussion of the civil service commission but shall not be entitled to vote as a member of the civil service commission unless designated as a voting alternate member under section 1934.

(f) Compensation.--A civil service commissioner may not receive compensation.
73 Pa.C.S. § 3503 — PA Code / Title 73 / Chapter 35 / Section 3503
Duties and preparation of plans.
Status: in_force

The township engineer shall perform duties and provide reports as the board of commissioners may direct for the construction, reconstruction, maintenance and repair of streets, bridges, culverts and other engineering work. The township engineer may prepare plans, specifications and estimates of the work undertaken by the township and shall furnish the board of commissioners and the township committees with reports, information or estimates on any township engineering work or on questions submitted by the board of commissioners.
73 Pa.C.S. § 3702 — PA Code / Title 73 / Chapter 37 / Section 3702
Powers, duties and agreements.
Status: in_force

(a) Regulations.--The powers and duties of the township manager shall be regulated by ordinance. The board of commissioners may delegate, subject to recall, any of the board of commissioners' nonlegislative and nonjudicial powers and duties to the township manager.

(b) Scope of agreement.--

(1) The board of commissioners may enter into an employment agreement or professional services agreement with the township manager that specifies the terms and conditions of the appointment.

(2) An agreement under paragraph (1) may remain in effect for a specified period terminating no later than the date of the board of commissioners' organizational meeting following the next municipal election.

(3) An agreement under paragraph (1) executed on or after a municipal election and before the board of commissioners' first organizational meeting in January in the year after the municipal election shall be void.

(4) An agreement under paragraph (1) may specify conditions under which a township manager who is an individual would be entitled to severance compensation, or if the township manager is a partnership, limited partnership, association or professional corporation, payments for the termination of the appointment. An agreement under paragraph (1) may not guarantee retention or employment through the term of the agreement or confer upon the township manager a legal remedy based on specific performance.

(c) Status as public official.--The township manager as an individual or a partnership, limited partnership, association or professional corporation appointed as the township manager and each officer and employee directly providing services as required or authorized by an agreement under subsection (b)(1) shall be considered a public official for purpose of 65 Pa.C.S. § 1103 (relating to restricted activities). Cross References. Section 3702 is referred to in sections 3701, 3704 of this title.
73 Pa.C.S. § 5533 — PA Code / Title 73 / Chapter 55 / Section 5533
When center line of street is boundary between township and another municipal corporation.
Status: in_force

(a) Municipal corporation contracts.--A township may enter into a contract with a municipal corporation to provide for the grading, curbing, draining and paving of a street that constitutes the dividing line between the township and the municipal corporation.

(b) Alterations and improvements.--The alterations and improvements shall be made under the supervision of the township or municipal corporation, or by contract let by the township or the municipal corporation, as may be provided for in the contract between the township and the municipal corporation.
73 Pa.C.S. § 4345 — PA Code / Title 73 / Chapter 43 / Section 4345
Historical properties.
Status: in_force

The board of commissioners may appropriate money to nonprofit associations or corporations organized for the purpose of acquiring and maintaining historical properties. The appropriations shall only be used by the association or corporation for the acquisition, restoration and maintenance of the historical properties.
73 Pa.C.S. § 7111 — PA Code / Title 73 / Chapter 71 / Section 7111
Persons taking orders by samples.
Status: in_force

(a) Prohibition.--A township may not impose, levy or collect a license fee or mercantile tax upon a person that takes, by sample, from a dealer or merchant an order for merchandise on behalf of an individual or company that pays a license fee or mercantile tax at the individual's or company's chief place of business.

(b) Retail sales not authorized.--Nothing in this section authorizes a person to sell by retail to a person other than a dealer or merchant without payment of a license or permit fee.