73 Pa.C.S. § 6901 — PA Code / Title 73 / Chapter 69 / Section 6901
Township buildings.
Status: in_force

The board of commissioners may procure by purchase, gift, exchange or the exercise of eminent domain a lot of ground located within the township and erect or use buildings for township purposes.
73 Pa.C.S. § 6304 — PA Code / Title 73 / Chapter 63 / Section 6304
Petition for viewers by board of commissioners.
Status: in_force

The board of commissioners may petition the court of common pleas for the appointment of viewers to assess the total cost of an improvement in accordance with this chapter. The viewers shall assess the total cost of the improvement, or as much of the cost as is reasonable, upon the lands or properties peculiarly benefited.
73 Pa.C.S. § 4331 — PA Code / Title 73 / Chapter 43 / Section 4331
Parking and parking lots.
Status: in_force

(a) General rule.--The board of commissioners may:

(1) Regulate parking and parking lots and provide parking accommodations to promote the convenience and protection of the public.

(2) Establish or designate, at the board's discretion, areas exclusively reserved for parking by handicapped individuals and post signs regulating the areas.

(3) Erect parking meters and regulate parking meter charges.

(4) Acquire by gift, purchase, lease or eminent domain, lands that the board deems necessary or desirable for the purpose of establishing and maintaining parking lots.

(5) Plan, design, locate, hold, construct, improve, maintain, operate, own or lease, either in the capacity of lessor or lessee, and install facilities and equipment on any land to be devoted to the parking of vehicles.

(b) Fines and fees.--Consistent with 75 Pa.C.S. (relating to vehicles), the right to regulate the use of the lots shall include the right to impose fines and fees for violation of any law or ordinance regulating parking.

(c) Construction.--Nothing in this section may be construed to limit statutory and regulatory protections and prohibitions relating to the rights of individuals with disabilities.
73 Pa.C.S. § 7321 — PA Code / Title 73 / Chapter 73 / Section 7321
Penalties.
Status: in_force

(a) Authority.--As provided by ordinance, a shade tree commission may assess penalties for the violation of the shade tree commission's regulations and this chapter relating to shade trees.

(b) Effect.--A penalty under subsection (a):

(1) is a lien upon the real estate of the offender; and

(2) may be collected as a municipal claim.
73 Pa.C.S. § 4105 — PA Code / Title 73 / Chapter 41 / Section 4105
Service of process and fees.
Status: in_force

A police officer may serve and execute criminal process issued for the violation of a township ordinance and shall charge the same fees and costs as pertain by law to a constable of the township for similar services, but the fees and costs shall be paid to the township treasurer for the use of the township.
73 Pa.C.S. § 4302 — PA Code / Title 73 / Chapter 43 / Section 4302
Real property.
Status: in_force

(a) When advertisement required.--Real estate owned by the township may not be sold for a consideration in excess of $6,000 except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction.

(b) Advertisement requirements.--The advertisement shall be published once in one newspaper of general circulation not fewer than 10 days prior to the date scheduled for the opening of bids or public auction. The date for opening bids or public auction shall be announced in the advertisement.

(c) Award of contracts and bids.--

(1) The award of contracts shall be made only by public announcement at a regular or special meeting of the board of commissioners or at the public auction.

(2) A bid shall be accepted on the condition that payment of the purchase price in full shall be made within 60 days of the acceptance of a bid unless otherwise specified in the bid advertisement.

(3) If no compliant bids are received after advertisement, the applicable procedures in the act of

October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for services, the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(d) Fair market value.--The board of commissioners shall have the authority to reject all bids if the bids are deemed to be less than the fair market value of the real property. In the case of a public auction, the board of commissioners may establish a minimum bid based on the fair market value of the real property.

(e) When advertisement not required.--Real estate owned by a township may be sold for a consideration of $6,000 or less without advertisement or competitive bidding only after the board of commissioners estimates the value of the property upon receipt of an appraisal by a qualified real estate appraiser. Prior to selling real estate valued at $6,000 or less without advertisement or competitive bidding, the board of commissioners shall make a public announcement of the board's intention to sell the real estate at a regular or special meeting of the board at least 30 days prior to the sale.

(f) Exchanges.--

(1) Notwithstanding this section, the board of commissioners shall have the authority to exchange real property for real property of equal or greater value without complying with this section if the property being acquired by the township is to be used for municipal purposes. For purposes of this paragraph, "municipal purposes" include a subsequent sale or lease of the property to any of the entities listed in section 4304 (relating to exceptions).

(2) A conveyance of real property acquired in an exchange to an entity listed in section 4304 may contain a clause under which the lands and buildings will revert to the township if they are no longer being used for the purposes of the entity.

(3) If the board of commissioners chooses to exercise its power of real property exchange under this section, it shall be by resolution adopted by the board of commissioners. Notice of the resolution, including a description of the properties to be exchanged, shall be published once in one newspaper of general circulation not more than 60 days nor fewer than seven days prior to adoption.

(4) Participation in a real property exchange may not prohibit the application of the requirements of the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act. Cross References. Section 4302 is referred to in section 7337 of this title.
73 Pa.C.S. § 7501 — PA Code / Title 73 / Chapter 75 / Section 7501
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:

"Pennsylvania Construction Code Act." The act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act.

"Uniform Construction Code." The Uniform Construction Code adopted under section 301 of the Pennsylvania Construction Code Act.
73 Pa.C.S. § 1947 — PA Code / Title 73 / Chapter 19 / Section 1947
Provisional appointments.
Status: in_force

(a) Noncompetitive examination.--If there are urgent reasons for the filling of a vacancy in a position in the police force and there are no names on the eligibility list for the appointment, the board of commissioners may nominate an individual to the civil service commission for a noncompetitive examination. If the nominee is certified by the civil service commission as qualified after the noncompetitive examination, the nominee may be provisionally appointed to fill the vacancy.

(b) Competitive examination.--Within 90 days of the provisional appointment under subsection (a), the civil service commission shall hold a competitive examination, certify an eligibility list and make a regular appointment to the position under section 1944 (relating to eligibility list and manner of filling appointments) from the names submitted by the civil service commission. Nothing in this section shall be construed to prevent the appointment without an examination of individuals temporarily as police officers in cases of riot or other emergencies or firefighters in cases of emergency.
73 Pa.C.S. § 1941 — PA Code / Title 73 / Chapter 19 / Section 1941
General provisions relating to examinations.
Status: in_force

(a) Minimum qualifications and passing grade.--The civil service commission shall make rules and regulations providing for the examination of applicants for positions in the police force and as paid firefighters and for promotions, which shall prescribe the minimum qualifications of applicants to be examined and the passing grades. Examinations for positions or promotions shall be practical in character and shall relate to matters and include inquiries as will fairly test the merit and fitness of the individuals examined to discharge the duties of the employment sought. Examinations shall be open to applicants who have the minimum qualifications required by the rules and

regulations. Each applicant for examination for an original position shall:

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

(2) either before or after the written examination, submit to a physical fitness or agility examination that is job related and consistent with business necessity;

(3) if made a conditional offer of employment, be given a physical and psychological medical examination under section 1949 (relating to physical and psychological medical examinations); and

(4) be subject to a background investigation. Background investigations may be restricted to candidates on an eligibility list or to candidates to be certified to the board of commissioners for appointment in accordance with section 1944 (relating to eligibility list and manner of filling appointments).

(a.1) Promotion.--An applicant for promotion shall be subject to the regulations adopted by the civil service commission and to examination and selection in accordance with section 1948 (relating to promotions). A physical fitness or agility examination that is job related and consistent with business necessity and physical and psychological medical examinations may be required for promotions.

(b) Public notice.--Public notice of the time and place of each examination and the information as to the kind of position to be filled shall be given by publication once in a newspaper of general circulation at least two weeks prior to each examination. A copy of the notice shall be prominently posted in the office of the civil service commission or other public place.

(c) Eligibility list.--The civil service commission shall post in its office the eligibility list containing the names and grades of candidates who have passed the examination.
73 Pa.C.S. § 1503 — PA Code / Title 73 / Chapter 15 / Section 1503
County board of elections.
Status: in_force

A copy of the ordinance enacted under section 1501 (relating to creation and alteration of wards), along with a plot showing the boundaries of the wards established, shall be forwarded to the county board of elections.
73 Pa.C.S. § 4307 — PA Code / Title 73 / Chapter 43 / Section 4307
Specific powers.
Status: in_force

The corporate power of a township of the first class shall be vested in a board of commissioners. The following apply:

(1) In the exercise of specific powers involving the enactment of an ordinance, passage of a resolution or the making of a regulation, restriction or prohibition, the township may provide for enforcement and penalties for violations.

(2) The specific powers of the township shall include the powers provided under this chapter.
73 Pa.C.S. § 4304 — PA Code / Title 73 / Chapter 43 / Section 4304
Exceptions.
Status: in_force

(a) Advertising and highest bidder.--Nothing under this chapter requiring advertising for bids or sale at public auction and sale to the highest bidder shall apply if township real or personal property is to be sold to any of the following:

(1) A county, city, borough, town, township, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the township.

(2) A council of government, consortium, cooperative or other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(3) An authority as defined in 53 Pa.C.S. § 5602 (relating to definitions) or an authority or industrial and commercial development authority as defined in section 3 of the act of August 23, 1967 (P.L.251, No.102), known as the Economic Development Financing Law.

(4) A nonprofit corporation engaged in community, industrial, commercial or affordable housing development or reuse.

(5) A person for the person's exclusive use in an industrial development program.

(6) A nonprofit corporation organized as a public library.

(7) A nonprofit medical service corporation as authorized by section 4353 (relating to sale of real or personal property to nonprofit medical service corporation).

(8) A nonprofit housing corporation as authorized under section 4354 (relating to sale of real or personal property to nonprofit housing corporation).

(b) Nominal consideration.--If real property is to be sold to a nonprofit corporation organized as a public library, to a nonprofit medical service corporation or to a nonprofit housing corporation, the board of commissioners may elect to accept nominal consideration for the sale as the board deems appropriate.

(c) Reversion.--Real property sold under this section to a volunteer fire company, volunteer ambulance service, volunteer rescue squad, nonprofit medical service corporation or nonprofit housing corporation shall be subject to the condition that when the property is not used for the purposes of the company, service, squad or corporation, the property shall revert to the township. Cross References. Section 4304 is referred to in section 4302 of this title.
73 Pa.C.S. § 1501 — PA Code / Title 73 / Chapter 15 / Section 1501
Creation and alteration of wards.
Status: in_force

(a) Power of boards of commissioners.--In addition to reapportionment initiated in accordance with 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and section 11 of
73 Pa.C.S. § 4321 — PA Code / Title 73 / Chapter 43 / Section 4321
Smoke regulations.
Status: in_force

The board of commissioners may regulate the emission of smoke from chimneys, smokestacks and other sources, except locomotive smokestacks, to the extent that the regulation is not otherwise prohibited by applicable Federal or State law.
73 Pa.C.S. § 2921 — PA Code / Title 73 / Chapter 29 / Section 2921
Appointment of independent auditor.
Status: in_force

If an ordinance has been enacted for the appointment of an independent auditor in lieu of elected auditors under section 1703(a)(3) (relating to elected officers), the board of commissioners shall appoint an independent auditor by resolution and the provisions of this subchapter shall apply. The independent auditor shall be a certified public accountant or a firm of certified public accountants.
73 Pa.C.S. § 7301 — PA Code / Title 73 / Chapter 73 / Section 7301
Acquisition of land and buildings.
Status: in_force

(a) Authorization.--For the purpose of making, enlarging and maintaining public parks, recreation areas and facilities, a township may, subject to subsection (b):

(1) separately or jointly with another political subdivision, by ordinance dedicate and set apart land not dedicated to another public use or purpose; and

(2) enter upon, appropriate and acquire by gift, devise, purchase, lease or otherwise, private property.

(b) Facilities.--A township may construct and equip a new facility upon land under subsection (a).

(c) Taxation.--A township may levy and collect general taxes, or special taxes under section 4908(a)(9) (relating to tax levies), as necessary to pay for action under this section.

(d) Appropriations.--A township may make appropriations for the construction, improvement, maintenance, care, regulation and government of land and facilities under this section.

(e) Prohibition.--A township, acting individually or jointly with another political subdivision, may not acquire private property within the limits of another municipal corporation

without the consent of the governing body of the municipal corporation where the property is located.
73 Pa.C.S. § 1903 — PA Code / Title 73 / Chapter 19 / Section 1903
Compensation.
Status: in_force

(a) Elected officer.--An elected officer of a township, except for a tax collector, shall receive a salary, compensation or emoluments of office as fixed by ordinance of the township in accordance with this part.

(a.1) 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 under subsection (a) for the township treasurer's work as the township treasurer.

(b) Tax collector.--A tax collector shall receive a salary, compensation or emoluments of office as fixed by ordinance of the township in accordance with the Local Tax Collection Law.

(c) Time.--A change in salary, compensation or emoluments of office of an elected officer shall take effect at the beginning of the next term of the elected officer.

(d) Appointed officer and employee.--An appointed officer and employee of the township shall receive compensation for their services as determined by the board of commissioners.
73 Pa.C.S. § 7311 — PA Code / Title 73 / Chapter 73 / Section 7311
Right of establishment.
Status: in_force

(a) Ordinance.--A township may, by ordinance, establish a shade tree commission.

(b) No ordinance.--If there is no ordinance under subsection

(a), the board of commissioners shall have the powers and duties of a shade tree commission under this chapter. Cross References. Section 7311 is referred to in section 7312 of this title.
73 Pa.C.S. § 7711 — PA Code / Title 73 / Chapter 77 / Section 7711
Fines and penalties.
Status: in_force

(a) Authority.--A township ordinance shall prescribe fines and penalties for violations as follows:

(1) A civil penalty may not exceed $600 per violation.

(2) A criminal fine may not exceed $1,000 per violation. A criminal penalty may prescribe imprisonment to the extent allowed by law for the punishment of a summary offense.

(3) The ordinance may provide that a separate violation under paragraph (1) or (2) arises out of:

(i) each day of violation; and

(ii) each applicable section of the ordinance.

(4) The ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the township in the enforcement proceedings.

(5) The board of commissioners may delegate the initial determination of ordinance violation and the service of notice of violation to a qualified officer or agent.

(b) Enforcement at law.--Unless otherwise provided by statute, a township ordinance shall specify the method of its enforcement as follows:

(1) Except as provided in paragraph (2), if a civil penalty is not paid, the township must initiate a civil action for collection under the Pennsylvania Rules of Civil Procedure. A township is exempt from the payment of costs in an action under this paragraph.

(2) For an ordinance regulating building, housing, property maintenance, health, fire, public safety, parking, solicitation, curfew, water or air or noise pollution, enforcement must be by a criminal action under 234 Pa. Code Ch. 4 (relating to procedures in summary cases). The municipal solicitor may assume charge of the prosecution

without the consent of the district attorney as required under 234 Pa. Code § 454(c) (relating to trial in summary cases). Enforcement under this paragraph does not preclude enforcement under section 7505(c) (relating to property maintenance code).

(3) Except for an ordinance subject to paragraph (2), an ordinance enacted prior to October 29, 2020, shall be deemed automatically amended so that it is enforceable under paragraph (1).

(4) If a civil claim under paragraph (1), exclusive of interest, costs and fees, exceeds the monetary jurisdiction of a magisterial district judge under 42 Pa.C.S. § 1515(a)(3) (relating to jurisdiction and venue), the township may:

(i) bring the action in a court of common pleas; or

(ii) make a waiver under 42 Pa.C.S. § 1515(a)(3).

(c) Enforcement in equity.--In addition to or in lieu of enforcement under subsection (b), a township may enforce an ordinance in equity in a court of common pleas of the judicial district where the township is situate.

(d) Payment.--Money collected under subsection (b) shall be paid to the township treasurer. Cross References. Section 7711 is referred to in sections 5511, 5528 of this title.
73 Pa.C.S. § 6503 — PA Code / Title 73 / Chapter 65 / Section 6503
Rates.
Status: in_force

(a) Rates fixed.--For water supplied by the township, the board of commissioners shall fix the rates charged to users of water or to owners whose properties are connected to the water system. The board of commissioners shall provide for the collection of the water rates. The rates shall be in addition to the cost of making any connections under section 6508

(relating to connection to water system). For users outside the township, the fixing of rates shall be subject to, and in accordance with, applicable law and the rules and regulations of the Pennsylvania Public Utility Commission.

(b) Rate establishment.--The initial imposition of the rate imposed under subsection (a) shall be established by ordinance. Subsequent rate adjustments may be by resolution if the ordinance establishing the rate allows for future rate adjustments by resolution adopted at a public meeting. This subsection shall not be construed to invalidate or void any rate imposed or adjusted prior to December 28, 2020.
73 Pa.C.S. § 6512 — PA Code / Title 73 / Chapter 65 / Section 6512
Permits.
Status: in_force

The construction of a water system may be commenced only after plans for the water system have been filed with the Department of Environmental Protection and, if required by law, other Federal or State entities and permits issued in accordance with law.
73 Pa.C.S. § 7333 — PA Code / Title 73 / Chapter 73 / Section 7333
Appropriation for acquisition.
Status: in_force

Money necessary for the purchase of a tract shall be appropriated in the same manner as appropriations for township purposes. Money may be provided from the current revenue or by the proceeds of a sale of general obligation bonds.
73 Pa.C.S. § 5102 — PA Code / Title 73 / Chapter 51 / Section 5102
Regulation of contracts.
Status: in_force

(a) Advertisement.--A contract or purchase in excess of the base amount of $18,500, subject to adjustment under subsection

(d), except those mentioned in this section and except as provided under the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for services, the purchase of goods and the sale of real and personal property where no bids are received," shall be in writing and shall be made only after notice by the secretary, published once in one newspaper of general circulation, published or circulating in the county in which the township is situated. The advertisement shall be published not less than 10 days prior to the date fixed for the opening of bids and shall also be posted in a conspicuous place within the township. The advertisement for contracts or purchases shall contain the date, time and location for opening of bids and shall state the amount of the performance bond determined under subsection (f). The advertisement shall also contain full plans and specifications, or refer to the places where copies of plans and specifications can be obtained. The plans and specifications shall be on file not less than 10 days in advance of opening bids.

(b) Amount of contract.--The amount of the contract shall in all cases, whether of straight sale price, conditional sale, lease, lease purchase or otherwise, be the entire amount which the township pays to the successful bidder or the bidder's assigns in order to obtain the services or property, or both. The amount of the contract shall not be construed to mean only the amount that is paid to acquire title or to receive any other particular benefit or benefits of the whole bargain.

(c) Price quotations.--Written or telephonic price quotations from at least three qualified and responsible contractors shall be requested for a contract in excess of the base amount of $10,000, subject to adjustment under subsection

(d) but less than the amount requiring advertisement and competitive bidding. In lieu of a price quotation, a memorandum shall be kept on file showing that fewer than three qualified contractors exist in the market area within which it is practicable to obtain quotations. A written record of telephonic price quotations shall be made and shall contain at least the date of the quotation, the name of the contractor and the contractor's representative, the construction, reconstruction, repair, maintenance or work that was the subject of the quotation and the price. Written price quotations, written records of telephonic price quotations and memoranda shall be retained for a period of three years. As used in this section, "written price quotations" include electronic mail.

(d) Adjustment to base amount.--An adjustment to the base amounts specified under subsections (a) and (c) shall be made as follows:

(1) The Department of Labor and Industry shall determine the percentage change in the Consumer Price Index for All Urban Consumers: All Items (CPI-U) for the United States City Average as published by the United States Department of Labor, Bureau of Labor Statistics, for the 12-month period ending September 30, 2012, and for each successive 12-month period.

(2) If the department determines that there is no positive percentage change, then no adjustment to the base amounts may occur for the relevant time period provided for in this subsection.

(3) If the department determines that there is a positive percentage change in the first year that the determination is made under paragraph (1):

(i) The positive percentage change shall be multiplied by each base amount, and the products shall be added to the base amounts, respectively, and the sums shall be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts shall be rounded to the nearest $100 to determine the final adjusted base amounts for purposes of subsections (a) and (c).

(4) In each successive year in which there is a positive percentage change in the CPI-U for the United States City Average, the positive percentage change shall be multiplied by the most recent preliminary adjusted amounts, and the products shall be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums shall be rounded to the nearest $100 to determine the new final adjusted base amounts for purposes of subsections (a) and (c).

(5) The determinations and adjustments required under this subsection shall be made in the period between October 1 and November 15 of each year.

(6) The final adjusted base amounts and new final adjusted base amounts obtained under paragraphs (3) and (4) shall become effective January 1 for the calendar year following the year in which the determination required under paragraph (1) is made.

(7) The department shall transmit notice to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin prior to January 1 of each calendar year of the annual percentage change determined under paragraph (1) and the unadjusted or final adjusted base amounts determined under paragraphs (3) and (4) at which competitive bidding is required under subsection (a) and written or telephone price quotations are required under subsection (c), respectively, for the calendar year beginning the first day of January after publication of the notice. The notice shall include a written and illustrative explanation of the calculations performed by the department in establishing the unadjusted or final adjusted base amounts under this subsection for the ensuing calendar year.

(8) The annual increase in the preliminary adjusted base amounts obtained under paragraphs (3) and (4) shall not exceed 3%.

(e) Bids.--

(1) The following apply:

(i) If advertisement and bidding are required, the advertisement shall specify the date, time and place bids will be received and the date, time and place for the opening of bids.

(ii) At the board of commissioners' request, the bids advertised for must be accompanied by cash, money order, a certified or cashier's good faith check or other irrevocable letter of credit drawn upon a bank authorized to do business in this Commonwealth or by a bond with corporate surety in the amount as the board of commissioners determine, and, when requested, no bid may be considered unless so accompanied.

(iii) Bids received pursuant to an advertisement shall be opened publicly by the board of commissioners or the board's agent or employees. The amount of each

bid and any other relevant information as may be specified by the board, together with the name of each bidder, shall be disclosed and recorded, and the record shall be open to public inspection and copying.

(iv) At a public meeting of the board of commissioners, the board shall either award the contract or reject all bids.

(2) A contract executed in violation of the provisions of this section shall be void. Nothing in this section may prevent the making of contracts for governmental services for a period exceeding one year, but a contract shall be executed only for the amounts agreed to be paid for the services to be rendered in succeeding fiscal years.

(f) Performance bond.--The successful bidder, when advertising is required, shall be required to furnish a bond or irrevocable letter of credit or other security with suitable reasonable requirements guaranteeing the performance of the contract, with sufficient surety, in an amount as determined by the board of commissioners. The amount shall be not less than 10% nor more than 100% of the amount of the liability under the contract within 20 days after the contract has been awarded, unless the board of commissioners shall prescribe a shorter period of not less than 10 days. Upon failure to furnish the security within the prescribed time, the previous award shall be void. Deliveries, accomplishment and guarantees may be required in all cases of expenditures, including the exceptions under subsection (g).

(g) Exceptions.--

(1) The following contracts or purchases made by the board of commissioners shall not require advertising, bidding or price quotations as provided in this chapter:

(i) For maintenance, repairs or replacements for water, electricity or other public works of the township, provided the maintenance, repairs or replacements do not constitute new additions, extensions or enlargements of existing facilities and equipment. Security may be required by the board of commissioners as in other cases of work done.

(ii) For improvements, repairs and maintenance of any kind made or provided by a township through the township's own employees if the materials used for street improvement or construction in excess of the amount specified or adjusted under subsections (a) and (c) are subject to the relevant price quotation or advertising requirements under this section.

(iii) Where particular types, models or pieces of new equipment, articles, apparatus, appliances, computer software, vehicles or parts thereof are desired by the board of commissioners that are patented or copyrighted products or are needed to ensure compatibility with existing systems, facilities or equipment.

(iv) For used personal property, such as equipment, articles, apparatus, appliances, vehicles or parts thereof being purchased from a public utility, municipal corporation, county, school district, municipal authority, council of government, volunteer fire company, volunteer ambulance service, volunteer rescue squad or Federal or State Government.

(v) Involving a policy of insurance or a surety bond.

(vi) Made for public utility service and electricity, natural gas or telecommunications services.

(vii) Made with another political subdivision or county or council of governments, consortium, cooperative or other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) or the Federal Government, the Commonwealth, an agency of the Federal Government or the Commonwealth or a municipal authority, including the sale, leasing or loan of supplies or materials by the Federal Government or the Commonwealth or their agencies. The price may not be in excess of that fixed by the Federal Government or the Commonwealth or their agencies.

(viii) Involving personal or professional services.

(ix) For materials and supplies or equipment rental under emergency conditions under 35 Pa.C.S. Pt. V (relating to emergency management services).

(x) Involving equipment rental with operators if more than 50% of the total labor personnel hours required for the completion of the contract is supplied by the township through the township's own employees.

(xi) For the purchase of repair parts or materials for use in existing township equipment or facilities if the item or material to be purchased is the sole item of its kind on the market or is manufactured as a replacement for the original item or equipment being repaired.

(xii) For emergency maintenance, repairs or replacements for water, electricity or public works of the township, if the emergency maintenance, repairs or replacements do not constitute new additions, extensions or enlargements of existing facilities and equipment, but security may be required by the board of commissioners, as in other cases of work done. The actual emergency and the nature of the procurement shall be stated in a resolution by the board of commissioners and adopted at the next public meeting.

(xiii) For the mitigation of a real or potential emergency involving a clear and present danger to the health, safety and welfare of the residents of the township. For those contracts or purchases made in cases of emergencies, the actual emergency and the nature of the procurement shall be stated in a resolution by the board of commissioners and adopted at the next public meeting.

(2) Nothing in this subsection prohibits the board of commissioners from engaging in advertising, bidding or price quotations if the board of commissioners determines that the advertising, bidding or price quotations are in the public interest.

(h) Other acts.--The board of commissioners shall award contracts subject to the requirements of and may exercise any powers granted by the following acts to the extent applicable:

(1) The act of August 15, 1961 (P.L.987, No.442), known as the Pennsylvania Prevailing Wage Act.

(2) The act of December 20, 1967 (P.L.869, No.385), known as the Public Works Contractors' Bond Law of 1967.

(3) The act of January 17, 1968 (P.L.11, No.5), known as The Minimum Wage Act of 1968.

(4) The act of January 23, 1974 (P.L.9, No.4), referred to as the Public Contract Bid Withdrawal Law.

(5) The act of March 3, 1978 (P.L.6, No.3), known as the Steel Products Procurement Act.

(6) The act of February 17, 1994 (P.L.73, No.7), known as the Contractor and Subcontractor Payment Act.

(7) 62 Pa.C.S. Pt. II (relating to general procurement provisions).

(i) Restriction on compensation and fees.--No person, consultant, firm or corporation contracting with a township for purposes of rendering personal or professional services to the township may share with any township officer or employee, and no township officer or employee may accept, any portion of the compensation or fees paid by the township for the contracted services provided to the township except under the following terms or conditions:

(1) Full disclosure of all relevant information regarding the sharing of the compensation or fees shall be made to the board of commissioners.

(2) The board of commissioners must approve the sharing of a fee or compensation for personal or professional services prior to the performance of the services.

(3) No fee or compensation for personal or professional services may be shared except for work actually performed.

(4) No shared fee or compensation for personal or professional services may be paid at a rate in excess of that commensurate for similar personal or professional services. Cross References. Section 5102 is referred to in sections 5103, 5106 of this title.
73 Pa.C.S. § 6706 — PA Code / Title 73 / Chapter 67 / Section 6706
Limitation on indebtedness.
Status: in_force

A township which constructs or purchases a hydroelectric generating facility may not incur any indebtedness for the construction or enlargement of a new or existing dam or impoundment structure but may incur indebtedness for repairs or reconstruction of an existing dam or impoundment in connection with the hydroelectric project.
73 Pa.C.S. § 1703 — PA Code / Title 73 / Chapter 17 / Section 1703
Elected officers.
Status: in_force

(a) General rule.--The electors of each township shall elect:

(1) At least five township commissioners, and the following shall apply:

(i) In townships divided into wards but having fewer than five wards, the number of commissioners shall be five. One commissioner shall be elected from each ward, and the remaining number of commissioners, to which the township is entitled, shall be elected at large. In townships having five or more wards, one commissioner

shall be elected from each ward. Township commissioners shall be elected at municipal elections, preceding the expiration of the terms of commissioners then in office, for terms of four years each. Commissioners from odd-numbered wards shall be elected at alternate municipal elections than the municipal elections at which commissioners from even-numbered wards are elected. Elections at large shall be held at the municipal election preceding the expiration of the term of any commissioner elected at large.

(ii) In townships not divided into wards, there shall be five township commissioners who shall be elected at large by the electors of the township. At each municipal election, two or three township commissioners, as the case may be, shall be elected for terms of four years each to take the place of the commissioners whose terms then expire.

(2) One township tax collector, and the following shall apply:

(i) The township tax collector shall be elected at municipal elections every four years. An individual must be a qualified tax collector or, in the case of an individual appointed to fill a vacancy in the office of tax collector, become a qualified tax collector, in accordance with the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law.

(ii) If no individual is elected to the position of tax collector in the municipal election, or if the position of tax collector becomes vacant, the board of commissioners may, by resolution, appoint an individual or person to collect taxes. If a person other than an individual is appointed, the person shall post bonds to the same extent as would an individual appointed to fill the vacancy and as further provided by terms and conditions as specified by the board of commissioners. Notwithstanding the Local Tax Collection Law, if a person other than an individual is appointed as a tax collector, no individual employed by the appointed tax collector or any of the appointed tax collector's officers shall be required to be or become a qualified tax collector or to file criminal history record information.

(3) Three elected auditors, and the following shall apply:

(i) At each municipal election, one auditor shall be elected for a term of six years. No auditor shall at the same time hold any other elective or appointive office.

(ii) The board of commissioners may provide by ordinance for the appointment of an independent auditor, in lieu of providing for the election of three auditors, as provided in subparagraph (i) or one controller as provided in paragraph (4). After enactment of the ordinance, an independent auditor shall be appointed annually by resolution at least 30 days prior to the close of the fiscal year. The office of elected auditor is abolished upon the appointment of an independent auditor.

(iii) The board of commissioners shall have the right at any time to repeal the ordinance providing for the appointed independent auditor, whereupon three auditors shall be elected at the next municipal election

following the repeal of the ordinance, to whom the following shall apply:

(A) One elected auditor shall serve a term of two years.

(B) One elected auditor shall serve a term of four years.

(C) One elected auditor shall serve a term of six years.

(D) The three elected auditors shall have all the powers and perform all the duties as provided in this part for elected auditors.

(4) One elected controller in lieu of three elected auditors, and the following shall apply:

(i) The provisions of this part relating to the controller shall not become operative or effective until the board of commissioners shall, by ordinance, accept the provisions of this part relating to the office of controller.

(ii) When a township has provided by ordinance for the office of an elected controller, the board of commissioners shall petition the court of common pleas to appoint a controller to hold office until the first Monday of January next succeeding the next municipal election when a controller shall be elected. When a controller is appointed or elected as provided in this paragraph, the office of elected auditor is abolished.

(iii) One controller, who shall be a competent accountant, shall be elected at municipal elections every four years.

(iv) The office of controller shall be continued until the ordinance is repealed, at which time the office of controller shall terminate. The township shall either appoint an independent auditor or, at the next municipal election following the repeal of the ordinance, provide for the election of three auditors, to whom the following shall apply:

(A) One elected auditor shall serve a term of two years.

(B) One elected auditor shall serve a term of four years.

(C) One elected auditor shall serve a term of six years.

(D) The three elected auditors shall have all the powers and perform all the duties as provided in this part for elected auditors.

(b) Terms of office.--The terms of each officer elected under this section shall begin the first Monday of January next succeeding the individual's election.
73 Pa.C.S. § 4111 — PA Code / Title 73 / Chapter 41 / Section 4111
School crossing guards.
Status: in_force

(a) Appointment, service, pension eligibility and compensation.--

(1) The board of commissioners, by resolution, may appoint school crossing guards who shall be authorized only to manage traffic and pedestrians at or near schools while the school crossing guards are in uniform.

(2) School crossing guards:

(i) Shall serve at the pleasure of the board of commissioners, except as provided in subsection (b).

(ii) Shall not be subject to the civil service provisions of this title.

(iii) Shall not be eligible to join a township pension fund.

(3) The compensation of the school crossing guards, if any, shall be fixed by the board of commissioners and shall be paid by the board of commissioners, or jointly by the board of commissioners and the board of school directors, in a ratio to be determined by the boards. If the board of commissioners and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by each board, each board shall pay one-half of the compensation of the school crossing guards.

(b) Authorization for board of school directors.--

(1) The board of commissioners may adopt a resolution allowing a board of school directors to assume hiring and oversight of school crossing guards. Before the board of commissioners adopts the resolution, the board of directors of the school district must adopt a resolution requesting authority from the board of commissioners to assume the hiring and oversight of school crossing guards.

(2) The resolution adopted by the board of commissioners shall outline the manner in which the police department will provide necessary training and assistance of the school crossing guards while on duty.

(3) The school crossing guards shall be authorized only to manage traffic and pedestrians in and around areas identified by the police department and the school district superintendent or the superintendent's designees.

(4) The school crossing guards shall not be:

(i) Subject to the civil service provisions of this title.

(ii) Considered part of the bargaining unit of the school district.

(iii) Considered any of the following:

(A) An employee as defined under section 1101-A of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

(B) A school employee as defined under 24 Pa.C.S. § 8102 (relating to definitions).

(C) An employee under a township or school district pension or benefit plan.

(5) After the resolution is adopted by the board of commissioners, the school district shall assume the cost of compensation, including fixing compensation, if any, of the school crossing guards.

(6) Notwithstanding any other provision of law, auxiliary police officers appointed as prescribed by law may be hired by the school district to serve as school crossing guards.

(7) The board of school directors shall notify the board of commissioners of the individuals hired to serve as school crossing guards and request that the necessary training or assistance be provided as specified in the resolution adopted by the board of commissioners.
73 Pa.C.S. § 6131 — PA Code / Title 73 / Chapter 61 / Section 6131
Cost of construction.
Status: in_force

Townships may construct sanitary sewers and drains in any street or highway, or through or on or over private property. The costs, damages and expenses of the construction of sanitary sewers or drains may be paid for wholly or partially by general taxation, or may be assessed upon the properties accommodated or benefited under Chapter 63 (relating to assessments for public improvements).
73 Pa.C.S. § 4339 — PA Code / Title 73 / Chapter 43 / Section 4339
Street, sewer and sidewalk regulations.
Status: in_force

(a) General rule.--The board of commissioners may:

(1) Regulate the streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains within the township.

(2) Regulate the heights, grades, widths, slopes and construction of an item listed under paragraph (1).

(3) Grant rights for the installation and maintenance of public utilities in the streets, including pipes, wires, fibers, cables or other utility or service medium.

(b) Compliance and applicability of law.--The power granted under subsection (a) shall be exercised in compliance with Federal and State law and shall be subject to the power of the Pennsylvania Public Utility Commission under 66 Pa.C.S. Pt. I (relating to public utility code) to regulate the business, facilities and service of public utilities, including determining the location and installation of utility facilities.
73 Pa.C.S. § 6903 — PA Code / Title 73 / Chapter 69 / Section 6903
Appropriation of property.
Status: in_force

(a) Use.--Except as provided under subsection (b), townships may enter upon and appropriate private property and land previously granted or dedicated to public or other use within the limits of the township, and which is no longer used for the purpose for which the appropriation was granted or dedicated, for the erection on the property of a municipal building, fire house, lockup and other public buildings for public purposes.

(b) Exception.--Land or property used for a cemetery, burying ground, public or parochial school, educational or charitable institution, seminary or place of public worship may not be taken or appropriated.
73 Pa.C.S. § 1106 — PA Code / Title 73 / Chapter 11 / Section 1106
Construction of references.
Status: in_force

A reference made in this part to any act by title or otherwise shall also apply to and include any codification wherein the provisions of the act referred to are substantially reenacted.
73 Pa.C.S. § 1902 — PA Code / Title 73 / Chapter 19 / Section 1902
Bonds.
Status: in_force

(a) Requirements.--Except as provided for in subsection

(b), if an officer or employee of a township is required by law or action of the board of commissioners to give bond for the faithful performance of the officer's or employee's duties, the bond must be with a surety company or other company authorized by law to act as surety. The township shall pay the premium on the bond, except that the premium on the bond of the township tax collector shall be paid by the respective taxing districts, as provided under the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law.

(b) Insurance.--If an officer or employee of a township, except for a tax collector, is required to give a bond for the faithful performance of the officer's or employee's duties, the board of commissioners may purchase insurance in lieu of a bond if the insurance covers the same events of loss and insures the township against the same misconduct as the bond. Cross References. Section 1902 is referred to in sections 2302, 3101, 3703 of this title.
73 Pa.C.S. § 108 — PA Code / Title 73 / Chapter 1 / Section 108
Consolidation or merger.
Status: in_force

A township may be merged or consolidated into a new or existing municipal corporation in accordance with 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger).
73 Pa.C.S. § 4348 — PA Code / Title 73 / Chapter 43 / Section 4348
Open burning.
Status: in_force

The board of commissioners may regulate open burning, including the prohibition of the open burning of combustible materials.
73 Pa.C.S. § 7316 — PA Code / Title 73 / Chapter 73 / Section 7316
Report of shade tree commission.
Status: in_force

(a) Requirement.--The shade tree commission shall annually report to the board of commissioners the shade tree commission's transactions and expenses for the preceding fiscal year of the township.

(b) Incorporation.--The park commission may incorporate the transactions and expenses in the park commission's regular report to the board of commissioners.
73 Pa.C.S. § 4902 — PA Code / Title 73 / Chapter 49 / Section 4902
Budget amendment.
Status: in_force

(a) General rule.--During the month of January next following a municipal election, the board of commissioners may amend the budget and the levy and tax rate to conform with the amended budget. A period of 10 days' public inspection at the office of township secretary of the proposed amended budget after notice by the township secretary to that effect is published once in a newspaper of general circulation, as provided in section 1107 (relating to legal advertising), shall intervene between the proposed amended budget and the amended budget's adoption. An amended budget must be adopted by the board of commissioners on or before the 15th day of February.

(b) Limitation.--No proposed amended budget may be revised upward in excess of 10% in the aggregate or in excess of 25% of the amount of an individual item in the proposed amended budget.
73 Pa.C.S. § 2909 — PA Code / Title 73 / Chapter 29 / Section 2909
Balances due to be entered as judgments.
Status: in_force

A balance against an elected or appointed officer of the township in a report of the auditors shall constitute a surcharge against the officer in the same manner as a balance expressly stated in the report to be a surcharge. The amount of a balance and any express surcharge shall, if no appeal is taken or after an appeal has been finally determined in favor of the township, be entered by the prothonotary as a judgment against the officer. The clerk of the court of common pleas shall certify the amount of each balance or surcharge contained in a report of the auditors for which no appeal has been initiated within the time period specified under this subchapter to the court of common pleas for entry by the prothonotary as a judgment.
73 Pa.C.S. § 4305 — PA Code / Title 73 / Chapter 43 / Section 4305
Surcharge from sale or lease.
Status: in_force

A commissioner who votes in favor of or knowingly participates in the sale or lease of township real or personal property in violation of this chapter is subject to a surcharge to the extent of any loss or injury to the township as a result of the sale or lease.
73 Pa.C.S. § 4108 — PA Code / Title 73 / Chapter 41 / Section 4108
Compensation.
Status: in_force

(a) Salaries.--A township that employs police officers shall pay to all the police officers a fixed or stipulated salary.

(b) Fees or other compensation.--A police officer may not charge or accept a fee or other compensation in addition to the salary paid by the township for a service rendered or performed by the police officer, except public rewards and the expenses incurred in the discharge of the police officer's duties.
73 Pa.C.S. § 4906 — PA Code / Title 73 / Chapter 49 / Section 4906
Indebtedness and orders of previous years.
Status: in_force

No order or indebtedness of a previous year may be paid out of the funds of a fiscal year, unless the funds available from taxation and other sources are estimated to be in excess of requirements for the current fiscal year. If the available funds are in excess of the current fiscal year requirements, an appropriation may be made for this purpose to the extent of the excess, or unless, after the close of the fiscal year, it shall be ascertained that the funds appropriated and available for the fiscal year are in excess of the amount required, in which case the surplus may be applied to the former orders of indebtedness.
73 Pa.C.S. § 1954 — PA Code / Title 73 / Chapter 19 / Section 1954
Penalty.
Status: in_force

The following shall be considered a misdemeanor and, upon conviction, the individual shall be sentenced to pay a fine of not more than $500 or to imprisonment for not more than 90 days, or both:

(1) A township commissioner who, by vote, appoints an individual to the police force or as a firefighter contrary to this chapter.

(2) A township commissioner or member of the civil service commission who willfully refuses to comply with or conform to this chapter.
73 Pa.C.S. § 3107 — PA Code / Title 73 / Chapter 31 / Section 3107
Management and improvement of township finances.
Status: in_force

The township controller shall, as often as the township controller may deem expedient or the board of commissioners shall direct, suggest plans to the board of commissioners for the management and improvement of the township finances.
73 Pa.C.S. § 1913 — PA Code / Title 73 / Chapter 19 / Section 1913
State association expenses.
Status: in_force

(a) Payment.--The board of commissioners shall, for each delegate and other officer or employee attending the annual meeting or other conference or educational training of the State association of township commissioners, pay expenses upon receipt of an itemized account of expenses. Expenses shall be limited to:

(1) The registration fee.

(2) Mileage for use of personal vehicle or reimbursement of actual transportation expense going to and returning from the meeting, conference or educational training.

(3) Actual expenses that the board of commissioners may have agreed to pay.

(b) Regular employee rate.--The board of commissioners may authorize township employees to be compensated at their regular employee rate during the employee's attendance at the annual meeting or other conference or educational training. The board of commissioners may authorize a commissioner to receive total or partial reimbursement for lost wages or salary while attending the annual meeting or other conference or educational training if sufficient documentation is presented to the board of commissioners to justify the reimbursement. The maximum time for which a delegate, township employee or commissioner shall be reimbursed for lost wages or salary while attending the annual meeting or other conference or educational training may not be more than four days, including the time spent traveling to and from the event.
73 Pa.C.S. § 5511 — PA Code / Title 73 / Chapter 55 / Section 5511
Street closings and detours.
Status: in_force

(a) General rule.--The following shall apply to the closing of a street to vehicular traffic:

(1) No street shall be closed to vehicular traffic, except upon order of the board of commissioners or, in cases of emergency when immediate action is necessary to protect public safety, by order of the police, an authorized fire official or other authorized public employee.

(2) A street may not remain closed for a longer period than is necessary for the purpose for which the order to close was issued.

(3) Except in cases of emergency when immediate action is necessary to protect public safety, no street shall be closed to vehicular traffic when the street has been designated as a detour by the Department of Transportation,

unless the Secretary of Transportation has provided written consent or the board of commissioners has, by resolution duly recorded on the minutes, declared the closing necessary for the safety of the public.

(4) When a street which forms a part or section of a State highway or has been designated as a detour by the Department of Transportation is closed to vehicular traffic, the township shall at once notify the Department of Transportation of the creation of a detour under this section. The Department of Transportation shall be notified immediately after the detour is removed.

(5) When a street is to be closed, it shall be the duty of the board of commissioners or official authorizing the closing to immediately designate or lay out a detour.

(6) While the detour is in use, legible signs shall be erected and maintained at reasonable intervals indicating the proper direction and the detour shall be maintained in a safe and passable condition, except in the case of State or county highways.

(7) When the street that had been closed is opened for traffic, all detour signs shall be removed.

(8) Except in the case of State or county highways, the board of commissioners shall, as soon as possible, repair the street designated as a detour and place the street in a condition at least equal to the street's condition when designated as a detour.

(b) Use of private lands.--

(1) The board of commissioners may enter into an agreement with the owners of private lands, covering the acquisition of right-of-way privileges for a detour over private property for the period when the street shall be closed to traffic.

(2) If the parties cannot reach an agreement, the township may proceed with the construction of the detour with the owner of the property taken for the detour entitled to seek damages, if any, in the same manner as damages are now ascertained for the opening of streets in the township.

(c) Payment by board of commissioners.--In the exercise of the rights conferred by this section relating to detours, the board of commissioners is empowered to pay for the necessary maintenance, subsequent repair and land rental out of the money available for the construction and maintenance of township streets.

(d) Violation.--A person who willfully removes, defaces, destroys or disregards a barricade, light, danger sign, detour sign or warning of any other type legally erected or placed or who drives on, over or across a street which has been closed by proper authority commits a summary offense punishable upon conviction in accordance with section 7711 (relating to fines and penalties).

(e) Exception.--A person who has no outlet due to the closing of a street may drive on, over or across the street, subject to reasonable conditions as may be prescribed by the township, without being subject to the penalties imposed by this section.

(f) Damages.--In addition to the penalties provided in subsection (d), the township or the township's agents or contractors may, in an action at law, recover damages, including costs of labor, materials and prosecution from a person who damages a street when the street is closed to vehicular traffic.

(g) Money collected.--All money collected under the provisions of this section shall be paid over to the township treasurer.

(h) Excessive or unusual conditions.--The board of commissioners may temporarily close a street when the board of commissioners determines that excessive or unusual conditions have rendered the street unfit or unsafe for travel, and immediate repair, because of the time of year or other conditions, is impracticable. The street or portion of the street closed shall be properly marked at the street's extremities and a means of passage for the customary users of the street shall, whenever possible, be provided.
73 Pa.C.S. § 5301 — PA Code / Title 73 / Chapter 53 / Section 5301
Exercise of eminent domain.
Status: in_force

(a) General rule.--A township may acquire property by eminent domain, including entering upon, appropriating, taking, using and occupying private lands and property for any of the following public purposes:

(1) The laying out, opening, widening, extending, vacating, grading or changing the grades or lines of streets or highways.

(2) The construction of bridges and the piers and abutments for bridges.

(3) The construction of slopes, embankments and storm water sewers and storm water facilities, the changing of watercourses and the construction of sanitary sewer mains, drains or treatment works.

(4) The erection and extension of water systems, wharves and docks, public buildings, public works or land for a public-works-related function, municipal waste processing and disposal facilities, including municipal waste landfills, libraries and the establishment of parks, playgrounds and recreation places.

(5) For all other purposes authorized by this part.

(b) Proceedings.--Eminent domain proceedings shall be subject to and conform with the provisions of 26 Pa.C.S. (relating to eminent domain).
73 Pa.C.S. § 2304 — PA Code / Title 73 / Chapter 23 / Section 2304
Penalty for failure to perform duties.
Status: in_force

A township treasurer or deputy treasurer who fails to perform any duties of the office other than those for which specific penalties are provided commits a summary offense and, in addition to the fine or penalty which may be imposed upon conviction, is required to pay to the township an amount equal to the amount of the financial loss that occurred, if any, for not performing the duties of the office. That person is disqualified from holding the office of township treasurer or deputy treasurer.
73 Pa.C.S. § 6904 — PA Code / Title 73 / Chapter 69 / Section 6904
Ordinance of commissioners.
Status: in_force

When the board of commissioners desires to acquire, enter upon, take, use and appropriate private property or lands for public buildings, the board shall declare the board's intention by ordinance.
73 Pa.C.S. § 5104 — PA Code / Title 73 / Chapter 51 / Section 5104
Bonds for protection of labor and materials.
Status: in_force

(a) General rule.--Before a contract exceeding $10,000 is awarded to a prime contractor or construction manager for the construction, erection, installation, completion, alteration, repair of or addition to a public work or improvement of any kind, the contractor shall furnish to the township a payment bond for the protection of claimants supplying labor or materials to the prime contractor to whom the contract is awarded, at no less than 100% of the contract amount, conditioned for the prompt payment of the materials furnished or labor supplied or performed in the prosecution of the contract under the act of December 20, 1967 (P.L.869, No.385), known as the Public Works Contractors' Bond Law of 1967.

(b) Other requirements.--The bond requirement is in addition to any other bond requirement required by law to be given in connection with the contract.
73 Pa.C.S. § 7313 — PA Code / Title 73 / Chapter 73 / Section 7313
Powers may be vested in park commission.
Status: in_force

If a township has a commission for the care of public parks, the board of commissioners may, by ordinance, confer on that commission the powers and duties of the shade tree commission.
73 Pa.C.S. § 6101 — PA Code / Title 73 / Chapter 61 / Section 6101
Power to establish and construct sewers and drains and require connections and sewer rentals.
Status: in_force

(a) Establishment and construction.--Townships may establish and construct a system of sanitary sewers and drainage, locating the system, as far as practicable, in the right-of-way of the street in a street. The system may be for the service and use of properties on both sides of the street or on only one side of the street in which the system is laid, as seems advisable to the township commissioners.

(b) Connections.--The board of commissioners may, in accordance with section 6102(a) (relating to required connection and fees), permit, and, if necessary for the public health by ordinance, require an owner of property benefited, improved or accommodated by sanitary sewers, to make connections with the sanitary sewer system in the manner specified by the board of commissioners. All connections required shall be uniform.

(c) Regulations.--The board of commissioners may, by ordinance, make regulations relating to the use and maintenance of the sanitary sewer system and treatment works. Violations of the ordinance may be enforced by penalties. The regulations may do all of the following:

(1) Specify materials and substances which may or may not enter the public sewer or sewer system.

(2) Require that certain types or classes of waste be subjected to treatment or to grinding or other reduction in size before entering into the sewer.

(3) Restrict the quantity of waste material that may enter a sanitary sewer from a premises within any time interval.

(d) Rate.--

(1) Each person whose property is connected to a sanitary sewer system shall pay a monthly, quarterly, semiannual or annual rate to the township, in addition to the cost of making connections to the sanitary sewer system.

(2) The initial imposition of the rate under paragraph

(1) shall be established by ordinance. Any subsequent rate adjustments may be by resolution, provided that the ordinance establishing the rate allows for future rate adjustments by resolution adopted at a public meeting. This paragraph shall not be construed to invalidate or void any rate imposed or adjusted prior to the effective date of this section.

(3) The rate under this subsection shall constitute a lien, until paid, against the property connected to the sanitary sewer system, and the amount may be recovered by due process of law through an action in assumpsit in the name of the township against the owner of the property charged or by a lien filed in the nature of a municipal lien.

(e) Data.--All water utilities supplying water to users within the boundaries of a township shall, at the request of the board of commissioners, furnish to the township, on or before the 15th day of the month following the month during which bills are issued, a list of all water meter readings and flat-rate water bills and the basis for each flat-rate water charge, so that the data may be used in calculating sewer rates. The township may reimburse utilities reasonable amounts for necessary clerical and other expenses incurred in the preparation of the lists.

(f) Construction.--Nothing in this section shall be construed to repeal or modify any of the provisions of 66 Pa.C.S. (relating to public utilities).

(g) Approval.--If required by other law, a township shall obtain the consent and permit of the Department of Environmental Protection or other Federal, State or county entity, including the Pennsylvania Turnpike Commission, for the laying out and construction of a sanitary sewer and treatment works.

(h) Definition.--As used in this chapter, the term "sanitary sewer" means a sewer used for receiving and collecting sewage matter and liquid waste from the inside of buildings and structures. In those townships where there are what is known as "combined sewers," the term means a sewer used for receiving, in addition to such sewage and liquid waste from the inside of buildings and structures, storm, roof or surface drainage. The term includes a combined sewer. Cross References. Section 6101 is referred to in section 6121 of this title.
73 Pa.C.S. § 4312 — PA Code / Title 73 / Chapter 43 / Section 4312
Disorderly conduct.
Status: in_force

The board of commissioners may, by ordinance, prohibit disorderly conduct within the limits of the township and provide for the imposition of penalties for the conduct in accordance with this part. An enacted ordinance shall define disorderly conduct in a manner substantially similar to the provisions of 18 Pa.C.S. § 5503 (relating to disorderly conduct).
73 Pa.C.S. § 1504 — PA Code / Title 73 / Chapter 15 / Section 1504
Schedule for election of commissioners in townships first divided into wards.
Status: in_force

(a) General rule.--When a township is first divided into wards, the township commissioners then in office shall continue in office until the expiration of the commissioners' respective terms.

(b) Election of commissioners.--At the first municipal election occurring at least 90 days after the division into wards, the registered electors of each ward of the township

shall elect one township commissioner who shall reside in the ward for which the commissioner is elected.

(c) Terms of office.--At the election under subsection (b), the township commissioners elected in even-numbered wards shall be elected for terms of two years each. Commissioners elected in odd-numbered wards shall be elected for terms of four years each. The terms of office for even-numbered and odd-numbered wards may be vice versa so that the expiration of the terms will harmonize with the expiration of terms of township commissioners elected for the even-numbered or odd-numbered wards under the provisions of this part. For subsequent elections, commissioners shall be elected for terms of four years each at the municipal election immediately preceding the expiration of the terms of ward commissioners.

(d) Township divided into less than five wards.--For a township divided into less than five wards that will have less than five township commissioners upon the expiration of terms, at the municipal election preceding the expiration of the terms of any commissioner or commissioners elected at large, there shall be elected at large a sufficient number of township commissioners so that the total number of commissioners elected by wards and at large in the township shall be five. The following shall apply:

(1) If one township commissioner is elected at large, the commissioner shall be elected for a term of four years.

(2) If two township commissioners are elected at large, one shall be elected for a term of two years and one for a term of four years.

(3) If three township commissioners are elected at large, two shall be elected for terms of four years each and one for a term of two years.

(4) Successors to the township commissioners elected at large shall be elected for terms of four years each.

(e) Commencement of terms.--All terms of office of township commissioners, elected at large or by wards, shall commence on the first Monday of January next following their election. Cross References. Section 1504 is referred to in section 109 of this title.
73 Pa.C.S. § 6704 — PA Code / Title 73 / Chapter 67 / Section 6704
Construction or purchase of hydroelectric generating facilities.
Status: in_force

A township may construct or purchase facilities to manufacture electricity by hydroelectric generation. A township may purchase a hydroelectric generating facility at the price agreed upon by the township and the person, partnership or a majority of the stockholders of a corporation that owns the facilities.
73 Pa.C.S. § 1935 — PA Code / Title 73 / Chapter 19 / Section 1935
Clerks and supplies and solicitor.
Status: in_force

The township shall provide to the civil service commission, on its requisition, clerical assistance necessary for the work of the civil service commission. The township shall provide a suitable and convenient room for the use of the civil service commission. The civil service commission shall order from the township the necessary stationery, postage, printing or supplies. The civil service commission may appoint a solicitor. The township shall pay for the solicitor's services to the civil service commission. The township may place a reasonable limit on the amount of compensation authorized each year for the services of the solicitor. The elected and appointed officials of the township shall aid the civil service commission in carrying out this subchapter.
73 Pa.C.S. § 6705 — PA Code / Title 73 / Chapter 67 / Section 6705
Submission to electors.
Status: in_force

Before a township constructs or purchases a hydroelectric generating facility, the question of the increase of the debt of the township shall first be submitted to the qualified voters of the township in the manner provided by law for the increase of indebtedness of municipal corporations.
73 Pa.C.S. § 4350 — PA Code / Title 73 / Chapter 43 / Section 4350
Observances and celebrations.
Status: in_force

The board of commissioners may appropriate money annually for the observance of holidays, centennials or other

anniversaries or for township celebrations or civic projects or programs.
73 Pa.C.S. § 2915 — PA Code / Title 73 / Chapter 29 / Section 2915
Cost of appeals.
Status: in_force

In a case of appeal from the report or audit of the auditors to the court of common pleas, the cost of the appeal shall be determined by the court. Cross References. Section 2915 is referred to in section 2923 of this title.
73 Pa.C.S. § 2901 — PA Code / Title 73 / Chapter 29 / Section 2901
Meetings and general duties.
Status: in_force

(a) Meetings.--The township auditors shall meet annually, on the day following the day which is fixed by this part for the organization of the township commissioners. The auditors shall organize by the election of a chair and secretary. Two auditors shall constitute a quorum.

(b) Duties.--The auditors shall:

(1) Audit, settle and adjust the accounts of the township commissioners, township treasurer, tax collector, secretary and other officers and individuals receiving and disbursing or authorizing the disbursement of the money of the township during the preceding fiscal year.

(2) Audit the dockets, transcripts and other official records of the offices of the magisterial district judge of the township to determine the amounts of fines and costs paid or due to the township. A magisterial district judge of the township shall open and make available to the auditors their dockets, transcripts, records and all other official books or papers for the purpose of the audit. If a magisterial district judge charges a fine contrary to ordinances, or to an act which makes the fine payable to the township, the auditors have the power to surcharge the magisterial district judge in the amount undercharged.

(3) As directed by the board of commissioners, audit and report to the board of commissioners on the accounts of every officer of the township, upon the death, resignation, removal or expiration of the term of the officer.

(c) Audit location.--Unless otherwise agreed to by the auditors and the person being audited, the audit shall be conducted at the place the records of the person are normally kept.
73 Pa.C.S. § 2910 — PA Code / Title 73 / Chapter 29 / Section 2910
Collection of surcharges.
Status: in_force

An auditor, registered elector or taxpayer of the township may enforce the collection of a judgment entered for a surcharge for the benefit of the township by an appropriate action or execution. A registered elector or taxpayer shall file a bond with one or more sureties in the court of common pleas conditioned to indemnify the township from all costs of the proceedings. An enforcement action under this section shall be subject to the rights of appeal from the report of the auditors specified under this subchapter.
73 Pa.C.S. § 6305 — PA Code / Title 73 / Chapter 63 / Section 6305
Petition for viewers by taxpayers.
Status: in_force

(a) Petition.--Taxpayers of the township whose property is being assessed for benefits for a public improvement may present a petition to the court of common pleas stating that the assessment insufficiently represents the benefits accruing to abutting, benefited or accommodated properties. The petition may include a request for the appointment of viewers to assess benefits if at least 50% of the taxpayers whose parcels are abutting, benefited or accommodated by the public improvement in question join the petition or if taxpayers whose property valuation as assessed for taxable purposes within the township amounts to at least 50% of the total property valuation of the properties being assessed for the public improvement join the petition. The petition must be presented within 90 days of the issuance of the certificate of assessment.

(b) Viewers.--The court shall appoint three disinterested viewers, none of whom shall be a resident of that portion of the township that is benefited or accommodated by the public improvement in question. The viewers shall proceed under this chapter and 26 Pa.C.S. (relating to eminent domain) for the assessment of damages and benefits by viewers. Upon the filing of the petition by taxpayers for the appointment of viewers, any assessment made by the board of commissioners and any proceedings shall be stayed pending the disposition of the petition by the court.
73 Pa.C.S. § 4710 — PA Code / Title 73 / Chapter 47 / Section 4710
Cooperation in health work.
Status: in_force

A township may cooperate with a political subdivision and with the Department of Health in the administration and enforcement of health laws.
73 Pa.C.S. § 5106 — PA Code / Title 73 / Chapter 51 / Section 5106
Separate specifications for branches of work.
Status: in_force

(a) General rule.--In the preparation of specifications for the erection or alteration of a public building, when the entire cost of the work exceeds the base amount of $18,500, subject to annual adjustment under section 5102(d) (relating to regulation of contracts), the architect, engineer or person preparing the specifications shall prepare separate specifications for the plumbing, heating, ventilating and electrical work, and the township shall receive separate bids upon each of the branches of work.

(b) Lowest responsible bidder.--The township shall award the contract for the plumbing, heating, ventilating and electrical work to the lowest responsible bidder for each of the branches.
73 Pa.C.S. § 5303 — PA Code / Title 73 / Chapter 53 / Section 5303
Declaration of intention.
Status: in_force

A township shall declare the township's intention to acquire, enter upon, take, use and appropriate private property or land for any of the purposes authorized by this part by ordinance or resolution.
73 Pa.C.S. § 4332 — PA Code / Title 73 / Chapter 43 / Section 4332
Appropriations for certain streets.
Status: in_force

The board of commissioners may appropriate money annually for improvements to a street which is located wholly or partially within the township and has been adversely affected by parking availability as determined by the board.
73 Pa.C.S. § 4903 — PA Code / Title 73 / Chapter 49 / Section 4903
Uniform financial report and forms.
Status: in_force

(a) Preparation of forms.--The uniform forms for the annual financial report required to be made by the township auditors or controller to the Department of Community and Economic Development shall be prepared by a committee consisting of four representatives from the Pennsylvania State Association of Township Commissioners and the Secretary of Community and Economic Development, or the secretary's agent or designee who shall be a person trained in the field of municipal finance.

(b) Appointment of representatives.--The representatives of townships shall be appointed by the president of the Pennsylvania State Association of Township Commissioners. The representatives shall be chosen from among the finance officers or other officers of townships who have knowledge of fiscal procedures. As far as possible, the representatives shall be chosen to represent townships in the various population groups within the range of townships of the first class. The president of the organization shall supply to the Department of Community and Economic Development the names and addresses of the representatives immediately upon their appointment.

(c) Expenses and meetings.--The representatives shall serve without compensation but shall be reimbursed by the Commonwealth for the necessary expenses incurred in attending meetings of the committee. The committee shall meet at the call of the

Secretary of Community and Economic Development, or the secretary's agent or designee, who shall serve as chairperson of the committee.

(d) Duties of secretary.--It shall be the duty of the Secretary of Community and Economic Development, or the secretary's agent or designee, to ensure that the forms required under this chapter are prepared in cooperation with the committee. In the event that the committee should for any reason fail to cooperate, the Secretary of Community and Economic Development, or the secretary's agent or designee, shall prepare the forms. After the forms are prepared, the Secretary of Community and Economic Development, or the secretary's agent or designee, shall issue the forms and distribute them annually, as needed, to the designated officers of each township. Cross References. Section 4903 is referred to in sections 2904, 2923 of this title.
73 Pa.C.S. § 7335 — PA Code / Title 73 / Chapter 73 / Section 7335
Appropriation for maintenance and revenue.
Status: in_force

Money necessary for the administration, maintenance, protection and development of forests shall be appropriated and applied for township purposes. The revenue and the return on the revenue arising from the forests shall be paid into the township treasury to be used for general township purposes.
73 Pa.C.S. § 4333 — PA Code / Title 73 / Chapter 43 / Section 4333
Airports.
Status: in_force

(a) Acquisition of land.--A township may acquire by grant, lease, purchase or condemnation proceedings, subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings), any land lying either within or without the limits of the township which, in the judgment of the board of commissioners, may be necessary and desirable for the purpose of establishing and maintaining a municipal airport, landing field, intermediate landing field, aviation easement or other airport facility.

(b) Operation and maintenance.--

(1) A township acquiring land under this section may establish, equip, condition, operate and maintain the land as a municipal airport, landing field, intermediate landing field, aviation easement or other airport facility and may lease the land, or any part, to an individual or corporation desiring to use the land for aviation purposes.

(2) A township may enter into a contract in the form of a lease providing for the use of the land, or any part, by the Federal Government for the Federal Government's use of the land for aviation purposes upon nominal rental or without consideration.

(c) Joint acquisition, operation and maintenance.--In accordance with this section, a township may acquire land jointly with another municipality for aviation purposes and may jointly establish, operate and maintain a municipal airport, landing field, intermediate landing field, aviation easement or other airport facility on the jointly acquired land in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).
73 Pa.C.S. § 5507 — PA Code / Title 73 / Chapter 55 / Section 5507
Petition for opening.
Status: in_force

(a) General rule.--A petition may be presented to the board of commissioners for the opening, widening, straightening, extending, altering, improving, relocating, vacating or establishing or reestablishing the grade of a street.

(b) Requirements.--A petition made under this section must be:

(1) Signed by a majority, in number and interest, of the owners of property abutting on the line of the proposed improvement or vacation as fixed at the time of presentation of the petition.

(2) Verified by affidavit of one or more of the petitioners.

(3) Accompanied by payment of reasonable and necessary fees established by resolution in a form acceptable to the township. Fees may include the reasonable and necessary costs and expenses anticipated to be incurred by the township in responding to the petition, including advertising, engineering, hearing, legal and similar costs.

(c) Multiple owners.--The majority in interest of owners of undivided interests in a piece of property shall be deemed as one person for the purposes of the petition. Cross References. Section 5507 is referred to in section 5508 of this title.
73 Pa.C.S. § 5513 — PA Code / Title 73 / Chapter 55 / Section 5513
Acceptance of land for street purposes.
Status: in_force

(a) Board acceptance of land.--The board of commissioners may, by ordinance or resolution, accept in the name of the township any land dedicated by deed to the township to be used in any manner for street purposes.

(b) Certain designations prohibited.--No person shall construct, open or dedicate any street or drainage facilities in connection with the street for public use or travel in a township without first submitting plans to the board of commissioners for approval. The plans shall be prepared in accordance with rules and regulations as may be prescribed by the board of commissioners and shall show the profiles of the streets, the course, structure and capacity of any drainage facilities, the method of drainage of the adjacent or contiguous territory and any other details required under the rules and regulations adopted by the board of commissioners.

(c) Application.--The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, shall apply to the construction, security requirements and dedication of streets and connected drainage facilities if the streets proposed to be constructed are part of a plan required by an ordinance adopted under the Pennsylvania Municipalities Planning Code.

(d) Board powers.--

(1) Before acting upon plans not subject to review under subsection (c), the board of commissioners may, in the board's discretion, arrange for a public hearing, after giving notice as the board of commissioners may deem

desirable in each case. The board of commissioners may alter the plans and specify changes or modifications of any kind and may make the approval of the plans subject to alterations, changes or modifications. Plans, when approved, shall be signed on behalf of the township by an officer as the commissioners may designate, and an approved copy shall be filed in the township engineer's office or other proper office and be available for public inspection.

(2) No street or drainage facilities in connection with the street shall be opened, constructed or dedicated for public use or travel except in compliance with plans approved by the board of commissioners and until the approved plan is recorded as required in this chapter.

(e) Board refusal to approve.--If the board of commissioners refuses to approve a plan submitted to the board under this section, a person aggrieved by the action of the board of commissioners may, within 30 days after the action, appeal from the action by petition to the court of common pleas, and the court shall hear the matter de novo. The following shall apply:

(1) After a hearing, the court may enter a decree affirming, reversing or modifying the action of the board of commissioners as may appear just.

(2) The court shall designate the manner in which notices of the hearing of an appeal shall be given to all parties interested.

(3) The decision of the court shall be final.

(4) A plan approved by the action of the board of commissioners or by the court on appeal shall be recorded by the person applying for approval in the office of the recorder of deeds of the county.

(f) Limitations.--If a street or drainage facilities in connection with a street is opened, constructed or dedicated for public use or travel, except in compliance with plans approved and recorded, neither the board of commissioners nor a public authority shall be required to place, construct or operate a sewer, drain, water pipe or other facilities or do any work of any kind in or upon the street. Neither the board of commissioners nor any other public authority shall have any responsibility of any kind with respect to the street or drainage facilities, even if the street or drainage facilities are in use by the public, unless the street or drainage facilities are accepted by ordinance or by deed of dedication. Nothing in this part shall prevent the laying of trunk sewers, drains or water or gas mains if required by engineering necessity for the accommodation of other territory.

(g) Failure to obtain plan approval.--If a person opens a street or drainage facility in connection with the street without submitting and obtaining approval of plans as provided in this section, and if the board of commissioners shall have no information that the street or drainage facility is intended for public use or travel, the board of commissioners may, in the board's discretion, file with the recorder of deeds of the county a certificate containing a description of the land served by the street or drainage facility in connection with the street. The board of commissioners shall include a statement that, as the board of commissioners have not approved the plans, neither the board of commissioners nor any other public authority shall have any responsibility to furnish any facilities or services with respect to the land or have any responsibility of any kind with respect to the street or drainage facility. The owner of the land shall be designated and indexed as grantor in the records of the office of the

recorder of deeds, and the township shall be designated and indexed as grantee. It shall not be necessary for the certificate to be executed by any party other than the board of commissioners filing the certificate.

(h) Enforcement and failure to certify.--

(1) Nothing in this section shall be deemed to prevent the board of commissioners from enforcing the provisions of this part in which a street or drainage facility in connection with the street is intended for public use or travel.

(2) If a township fails to file a certificate under subsection (g), nothing in this section shall be interpreted to create a deemed approval of the plans nor create any responsibility of the township with respect to the land, street or drainage facility.

(i) Offense.--A person who constructs, opens or dedicates a street or drainage facilities for public use or travel in a township without having first complied with the provisions of this section and of any ordinances or resolutions of the board of commissioners commits a misdemeanor of the third degree and is subject to suit for all costs and damages incurred by the township or property owners in the course of correcting substantive violations of State or municipal law or regulations resulting from or arising out of the unlawfully constructed street or facility. All money recovered shall be paid to the township treasurer.

(j) No maintenance required.--No approval of plans by the board of commissioners shall obligate or require the township to construct, reconstruct, maintain, repair or grade the streets.
73 Pa.C.S. § 4711 — PA Code / Title 73 / Chapter 47 / Section 4711
Powers of Department of Health.
Status: in_force

(a) General rule.--Nothing in this part may be construed to limit the powers and duties of the Department of Health, including the powers and duties under Article XXI of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929.

(b) Expenses.--

(1) The expenses of the Department of Health for which the township is liable shall be paid by the township where the expenses have been incurred.

(2) If expenses under paragraph (1) are unpaid for a period of more than three months after a statement of the expenses has been rendered to the township and demand for payment is made, the Secretary of Health shall, with the approval of the Governor, institute an action against the township for the collection of the expenses. The reasonableness of the expenditures made by the secretary shall be submitted to the jury for the jury's determination.

(3) Upon payment, the Department of Health shall return the money to the State Treasurer, who shall credit the amount to the appropriation made to the Department of Health.
73 Pa.C.S. § 4314 — PA Code / Title 73 / Chapter 43 / Section 4314
Fire protection.
Status: in_force

The board of commissioners may:

(1) Appropriate money for the use of the township or to fire companies providing fire protection to the township for the purchase, operation and maintenance of fire engines and fire apparatus and for the construction, repair and maintenance of fire stations.

(2) Contract with or make grants to near or adjacent municipal corporations or volunteer fire companies for fire protection in the township.

(3) By ordinance or resolution, make rules and regulations for the government of fire companies providing fire protection to the township and their officers.
73 Pa.C.S. § 1505 — PA Code / Title 73 / Chapter 15 / Section 1505
Schedule of election of commissioners in newly created wards.
Status: in_force

(a) Wards fewer than five.--

(1) If a new ward is created in a township previously divided into wards and the number of wards in the township, including the new ward, is less than five, the registered electors of the new ward shall elect one township commissioner at the next municipal election following the expiration of the term of the commissioner or commissioners elected at large whose terms shall first expire after the creation of the new ward.

(2) The individual elected commissioner under paragraph

(1) must be a resident of the ward for which the commissioner is elected.

(3) The commissioner elected under paragraph (1) shall serve for a term of two or four years, so that the expiration of the commissioner's term will harmonize with the expiration of terms of commissioners for the even or odd numbered wards under the provisions of this part.

(4) A commissioner elected to succeed a township commissioner elected under paragraph (1) shall serve a term of four years.

(5) The number of commissioners elected at large in the township shall be the difference between the number of wards and five, and a sufficient number of commissioners shall be elected at large at each municipal election preceding the expiration of terms of commissioners at large so that the total number of commissioners in the township will at all times be five.

(b) Wards numbering five.--

(1) If a new ward is created in a township previously divided into wards and the number of wards in the township, including the new ward, is five, the residents of the ward shall elect a township commissioner at the municipal election preceding the expiration of the term of office of any commissioner or commissioners elected at large.

(2) The individual elected commissioner under paragraph

(1) must be a resident of the ward for which the commissioner is elected.

(3) The commissioner elected under paragraph (1) shall serve a two-year or four-year term so that the expiration of the commissioner's term will harmonize with the expiration of terms of commissioners for the even-numbered or odd-numbered wards under the provisions of this chapter.

(4) A commissioner elected to succeed a commissioner elected under paragraph (1) shall serve a four-year term. No township commissioner shall thereafter be elected at large in the township.

(c) Wards more than five.--

(1) If a new ward is created in a township previously divided into wards and the number of wards in the township, including the new ward, is more than five, the court of common pleas of the county in which the township is located shall appoint a township commissioner for the new ward.

(2) The commissioner appointed under paragraph (1) shall hold office until the first Monday in January succeeding the first municipal election at which township commissioners are elected in the even-numbered or odd-numbered wards under the provisions of this part.

(3) The qualified electors of the new ward shall elect a township commissioner for a term of four years at the municipal election described under paragraph (2), and every four years thereafter.

(4) The individual elected commissioner under paragraph

(3) must be a resident of the ward for which the commissioner is elected.

(d) First day of office.--A township commissioner elected under this section shall take office on the first Monday of January next succeeding the commissioner's election.
73 Pa.C.S. § 111 — PA Code / Title 73 / Chapter 1 / Section 111
Change of name of township.
Status: in_force

(a) Referendum.--Upon petition to the court of common pleas of at least 10% of the electors of a township or upon the passage of a resolution by the board of commissioners seeking a change of the name of the township, the court of common pleas shall order a referendum on the question.

(b) Filing with clerk of court.--If the court determines that the petition or resolution for change of name of the township is in proper form and properly executed, the original petition or resolution shall be filed with the clerk of the court. A copy of the petition or resolution and order of the court shall be filed with the county board of elections which shall frame the question to be submitted to the electors at the next general or municipal election which occurs at least 60 days after the court order.

(c) Certification of the vote.--The election officers shall compute the votes cast on the question submitted under subsection (a) and certify the votes to the clerk of the court of common pleas, who shall tabulate the votes and certify the result. If a majority of the votes cast at the election are in favor of the change of township name, the court shall so order and shall order the record of the proceedings to be permanently recorded. If a majority of the votes are against the change, there shall be no further proceedings on the petition or resolution.
73 Pa.C.S. § 5522 — PA Code / Title 73 / Chapter 55 / Section 5522
Proceedings with or without petition.
Status: in_force

A township may improve streets, portions of streets or a particular width or additional widths of streets, with or without the assistance or contribution of the Federal Government, the Commonwealth, the county or a corporation occupying the thoroughfare, and may assess and collect the following from the owners of real estate abutting on the improvement in accordance with Chapter 63 (relating to assessments for public improvements):

(1) The whole cost of improvement.

(2) The whole cost of improvement not aided or contributed to by the Federal Government, the Commonwealth, the county or a corporation.

(3) Any part of the cost.
73 Pa.C.S. § 4358 — PA Code / Title 73 / Chapter 43 / Section 4358
Watershed associations.
Status: in_force

The board of commissioners may make appropriations to nonprofit watershed associations for watersheds serving the township. Appropriations may not be used to undertake litigation against a municipality or to seek redress against an individual landowner.
73 Pa.C.S. § 1922 — PA Code / Title 73 / Chapter 19 / Section 1922
Membership of association and expenses of members.
Status: in_force

(a) Attendance.--The board of commissioners, newly elected township commissioners prior to officially taking office and other township officers designated by the board shall attend the conferences or educational training if possible. A township officer attending a conference or educational training shall receive a certificate, signed by the presiding officer and secretary or acting secretary of the association, attesting to the township officer's presence at the conference or educational training.

(b) Expenses.--The certificate under subsection (a) shall authorize a township officer to collect from the township treasurer expenses for the registration fee, mileage for use of personal vehicle or reimbursement of actual transportation expenses going to and returning from a conference or educational training and actual expenses that the board of commissioners may have agreed to pay. Each officer attending a conference or educational training shall submit to the board of commissioners an itemized account of expenses incurred.

(c) Regular employee rate.--The board of commissioners may authorize township employees to be compensated at their regular employee rate during their attendance at a conference or educational training. The board of commissioners may authorize a commissioner to receive total or partial reimbursement for lost wages or salary while attending the county conference or educational training if sufficient documentation of the wages or salary is presented to the board of commissioners to justify the reimbursement.
73 Pa.C.S. § 5527 — PA Code / Title 73 / Chapter 55 / Section 5527
Street lighting, ornamental lighting and traffic control signals and devices.
Status: in_force

The board of commissioners may provide street lights and ornamental lighting and make regulations for the protection of lighting. The board may assess the costs of street lighting and ornamental lighting in accordance with Chapter 63 (relating to assessments for public improvements). The board may provide for the erection, maintenance and operation of traffic control signals and devices in accordance with 75 Pa.C.S. (relating to vehicles).
73 Pa.C.S. § 2922 — PA Code / Title 73 / Chapter 29 / Section 2922
Audits.
Status: in_force

(a) Annual audit.--

(1) The independent auditor shall conduct an annual audit of the finances of the township, as presented in the annual audit and financial report, which shall include all of the following:

(i) Each account in which the township is concerned.

(ii) The accounts of township officers, departments and offices that collect, receive and disburse public money on which the independent auditor is required to report under this subchapter.

(iii) The accounts of township officers, departments and offices that are authorized with the management, control or custody of public money on which the independent auditor is required to report under this subchapter.

(2) Nothing in this subchapter shall be construed to prohibit the board of commissioners from requiring the independent auditor to conduct a more complete or comprehensive audit than is required under this subchapter.

(b) Interim audits.--

(1) The board of commissioners may require advisory interim reports from the independent auditor.

(2) The board of commissioners may direct the independent auditor to audit the accounts of a township officer upon the death, resignation, removal or expiration of the term of the township officer.

(c) Standards.--An annual or interim audit shall consist of an examination in accordance with United States generally accepted auditing standards. Errors or irregularities detected in the course of an audit shall be communicated in accordance with the standards under this subsection.

(d) Definition.--As used in this subchapter, the term "annual audit and financial report" means the report that is presented on the uniform form as provided in section 2923(d) (relating to completion, filing and publication of annual audit and financial report).
73 Pa.C.S. § 4354 — PA Code / Title 73 / Chapter 43 / Section 4354
Sale of real or personal property to nonprofit housing corporation.
Status: in_force

The board of commissioners may sell to a nonprofit housing corporation any township-owned:

(1) Real property for the nonprofit housing corporation's exclusive use for housing for the elderly.

(2) Personal property for the nonprofit housing corporation's use at the nonprofit housing corporation. Cross References. Section 4354 is referred to in section 4304 of this title.
73 Pa.C.S. § 1938 — PA Code / Title 73 / Chapter 19 / Section 1938
Investigations.
Status: in_force

The civil service commission may conduct investigations concerning matters regarding the administration and enforcement of this subchapter and rules and regulations promulgated under this subchapter. The chairperson of the civil service commission may administer oaths and affirmations in relation to the investigations.
73 Pa.C.S. § 7315 — PA Code / Title 73 / Chapter 73 / Section 7315
Hiring of employees and regulations.
Status: in_force

(a) Employees.--The shade tree commission may, with the approval of the board of commissioners, select, employ and discharge and pay individuals to perform the functions of the shade tree commission.

(b) Regulations.--

(1) Subject to paragraph (2), the commission may promulgate and enforce regulations for the care and protection of the shade trees of the township.

(2) A regulation is not in force until the regulation is:

(i) approved by the board of commissioners; and

(ii) published at least once in a newspaper of general circulation under section 1107 (relating to legal advertising).
73 Pa.C.S. § 4705 — PA Code / Title 73 / Chapter 47 / Section 4705
Powers and duties of health officer.
Status: in_force

(a) Citations.--A health officer may issue a citation for a violation of a health ordinance or related law.

(b) Duties.--A health officer has the following duties:

(1) Administer and enforce the health ordinances of the township and related laws.

(2) Perform the duties as are vested in local health officers by statute or regulation.

(3) Make sanitary inspections.

(4) Execute the orders of the board of health.

(5) Attend all regular and special meetings of the board of health.
73 Pa.C.S. § 1943 — PA Code / Title 73 / Chapter 19 / Section 1943
Rejection of applicant and hearing.
Status: in_force

(a) Refusal.--The civil service commission may refuse to examine or may refuse to certify after examination as eligible, an applicant who:

(1) is found to lack any of the minimum qualifications for examination prescribed in the rules and regulations adopted for the position or employment for which the applicant has applied;

(2) is physically unfit for the performance of the duties of the position or employment for which the applicant has applied;

(3) is illegally using a controlled substance as defined in the Controlled Substances Act (Public Law 91-513, 84 Stat. 1236);

(4) has been found guilty of a crime involving moral turpitude or of infamous or notoriously disgraceful conduct;

(5) has been dismissed from public service for delinquency or misconduct in office; or

(6) is affiliated with a group which has policies or engages in activities that are subversive to the form of government established in Federal or State law.

(b) Hearing.--

(1) If an applicant is aggrieved by the civil service commission's refusal to certify the applicant as eligible after an examination or by the civil service commission's refusal to examine the individual, the civil service commission shall, at the request of the applicant or individual aggrieved, set a date, time and place for a public hearing within 10 days after the receipt of the request for a public hearing.

(2) At the public hearing, the applicant or individual aggrieved may appear with or without counsel and the civil service commission shall take testimony and review the civil service commission's refusal to provide the examination or certification. The deliberations of the civil service commission regarding the matter, including interim rulings on evidentiary or procedural issues, may be held as a closed executive session.

(3) The civil service commission's disposition of the matter shall constitute official action which shall occur at a public meeting held under 65 Pa.C.S. Ch. 7 (relating to open meetings), and the civil service commission's decision on the matter shall be final. Cross References. Section 1943 is referred to in sections 1944, 1946, 1948 of this title.
73 Pa.C.S. § 102 — PA Code / Title 73 / Chapter 1 / Section 102
Definitions.
Status: in_force

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise: (Reserved).
73 Pa.C.S. § 2907 — PA Code / Title 73 / Chapter 29 / Section 2907
Attorney to auditors.
Status: in_force

(a) Employment.--The auditors may employ an attorney if a disagreement occurs between the auditors and an official or a board of officials whose accounts the auditors are required to audit. The attorney shall not be employed under this subsection until all of the following occur:

(1) Reasonable efforts to reach an agreement have been made.

(2) Notice of the auditors' intention to hire the attorney has been given to the official or board of officials.

(b) Compensation.--The auditors, with the agreement of the board of commissioners, shall determine the compensation to be paid to the attorney. If the auditors and board of commissioners cannot agree on the compensation, upon petition of the auditors, the court of common pleas shall establish the compensation for the attorney employed by the auditors. The compensation for the attorney shall be paid out of the township general fund.
73 Pa.C.S. § 7336 — PA Code / Title 73 / Chapter 73 / Section 7336
Use of township forests.
Status: in_force

A township forest may be used by the public as general outing or recreation grounds subject to the regulations under section 7334 (relating to regulations).
73 Pa.C.S. § 2306 — PA Code / Title 73 / Chapter 23 / Section 2306
Depositories of township funds.
Status: in_force

The following shall apply:

(1) The board of commissioners shall designate by resolution a depository or depositories for township funds. Money deposited with a banking institution of this Commonwealth shall be insured with the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund or their successor agencies, to the extent that accounts are insured. The designation is valid for a period of one year or until another depository or other depositories are designated by similar action of the board of commissioners.

(2) The depository or depositories shall be banks, banking institutions or trust companies located in this Commonwealth.

(3) The depository or depositories may not be required to furnish bond or collateral security to cover the amount of any deposit to the extent that the deposit is insured as in paragraph (1).

(4) The township treasurer or deputy treasurer shall, upon the designation of the depository or depositories by the board of commissioners, immediately transfer to the depository or depositories the township funds and after that make deposits solely in the depository or depositories in the name of the township.

(5) The township treasurer or deputy treasurer, acting in accordance with law, may not be liable for the loss of township funds caused solely by the insolvency or negligence of the depository or depositories.

(6) The following apply:

(i) The designated depositories shall, upon receipt of notice of their selection as a depository of township funds, collateralize deposits of public funds in accordance with the act of August 6, 1971 (P.L.281, No.72), entitled, "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws; establishing a standard rule for the types, amounts and valuations of assets eligible to be used as collateral for deposits of public funds; permitting assets to be pledged against deposits on a pooled basis; and authorizing the appointment of custodians to act as pledgees of assets," which authorizes financial institutions to pledge collateral in an account in the name of the township or utilize a letter of credit from

the Federal Home Loan Bank, to secure public deposits in excess of Federal Deposit Insurance Corporation insurance limits. The depository shall provide a monthly report within 15 days after the end of each month to the board of commissioners in accordance with the reporting requirements in the act of August 6, 1971 (P.L.281, No.72), including the composition of the collateral and related market value.

(ii) Townships may elect to require that depositories must pledge collateral in an account in the name of the township to collateralize deposits above the Federal Deposit Insurance Corporation limit. These accounts may be custodied with the depository's trust department or at a third-party financial institution. The arrangement with the depository may be governed by a written agreement, approved by the board of directors or loan committee of the depository, with approval reflected in the minutes of the board or committee, which are kept continuously as an official record of the depository, and include the following if collateral is pledged instead of a Federal Home Loan Bank Letter of Credit:

(A) Collateral shall be marked to market no less frequently than weekly.

(B) Collateral shall be in investments as prescribed in the investment program provided by the board of investment or board of commissioners.

(C) If the financial institution serves as the custodian, the pledged collateral shall be held in a separate account established under the act of August 6, 1971 (P.L.281, No.72), in the depository's trust department.

(D) The market value of the pledged collateral shall be at least 102% of the township's deposits in excess of federally insured limits.

(E) A monthly report shall be provided as specified in subparagraph (i).
73 Pa.C.S. § 6141 — PA Code / Title 73 / Chapter 61 / Section 6141
State and county highways and consent required.
Status: in_force

(a) General rule.--A township may construct a sanitary sewer and drain in or under any State or county highway within the township boundaries.

(b) Consent.--

(1) For the construction of a sanitary sewer in or under a county highway, the consent of the county commissioners of the county shall be obtained.

(2) For the construction of a sanitary sewer in or under a State highway, the consent of the Department of Transportation shall be obtained.
73 Pa.C.S. § 6108 — PA Code / Title 73 / Chapter 61 / Section 6108
Assessments.
Status: in_force

Assessments, whether based according to benefits conferred or by the front foot basis, and assessment awards, if any, shall be calculated under Chapter 63 (relating to assessments for public improvements).
73 Pa.C.S. § 4318 — PA Code / Title 73 / Chapter 43 / Section 4318
Nuisances and dangerous structures.
Status: in_force

(a) Authorization.--A board of commissioners may prohibit and remove a nuisance or dangerous structure on public or private grounds, including, weeds, accumulations of municipal waste, the storage of abandoned or junked automobiles and obstructions or nuisances in the streets of the township.

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

(1) require the removal of a nuisance or dangerous structure by the owner or occupier of the grounds; or

(2) in default of the removal by the owner or occupier of grounds under paragraph (1), remove the nuisance or dangerous structure itself and collect the cost of removal, together with a penalty of 10% of the cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit without the filing of a claim, or the township may seek relief by bill in equity.
73 Pa.C.S. § 2103 — PA Code / Title 73 / Chapter 21 / Section 2103
Compensation.
Status: in_force

(a) Salary.--Each township commissioner may receive a salary, established by ordinance, as follows:

(1) In townships with a population of less than 5,000, a maximum of $3,145 per year.

(2) In townships with a population of 5,000 or more but less than 10,000, a maximum of $4,190 per year.

(3) In townships with a population of 10,000 or more but less than 15,000, a maximum of $5,450 per year.

(4) In townships with a population of 15,000 or more but less than 25,000, a maximum of $6,915 per year.

(5) In townships with a population of 25,000 or more but less than 35,000, a maximum of $7,335 per year.

(6) In townships with a population of 35,000 or more but less than 45,000, a maximum of $8,385 per year.

(7) In townships with a population of 45,000 or more, a maximum of $210 per year per 1,000 residents or fraction of 1,000.

(a.1) Timing and benefits.--The salaries shall be payable monthly or quarterly for the duties imposed by this chapter. Benefits provided to the commissioners under section 4346 (relating to insurance) may not be considered pay, salary or compensation. Payment for all or a part of the premiums or charges for the benefits shall be in accordance with section 4346.

(a.2) Per-meeting compensation.--Notwithstanding subsection

(a), the board of commissioners may provide for a member of the board of commissioners to receive compensation on a per-meeting basis based on attendance of board members. Total annual compensation may not exceed the amounts specified in subsection

(a). Compensation shall only be payable for duly advertised public meetings in which a member of the board of commissioners participated, except compensation is not payable if a board member is absent from a meeting and the absence is not excused. An excused absence from a meeting shall be determined by council and shall include, but not be limited to, an emergency or illness of the board member or the board member's immediate family, as well as family or business travel. The board of commissioners may require documentation to support an excused absence.

(b) Census.--The population shall be determined by the latest available Federal decennial census figures. No township shall be required to reduce the salary of a commissioner as a result of a decrease in population. A change in salary, compensation or emoluments of the elected office shall become

effective at the beginning of the next term of the township commissioner.
73 Pa.C.S. § 7337 — PA Code / Title 73 / Chapter 73 / Section 7337
Ordinance of sale.
Status: in_force

(a) Determination.--If the board of commissioners deems it expedient to sell or lease a township forest, a part of a township forest or a product from a township forest, the board of commissioners shall pass an ordinance specifying the facts and conditions relating to the proposed action.

(b) Requirements.--To pass an ordinance under subsection

(a), the board of commissioners must comply with the advertising and bidding requirements of section 4302 (relating to real property).
73 Pa.C.S. § 7318 — PA Code / Title 73 / Chapter 73 / Section 7318
Payment by owners and assessment.
Status: in_force

(a) Payment--The owner of the real estate abutting the location of the planting, transplanting or removal of a shade tree shall pay the cost of:

(1) the work;

(2) necessary and suitable guards, curbing or grading for protection of the shade trees; and

(3) replacing pavement or sidewalk necessarily disturbed in the execution of the work.

(b) Assessment.--

(1) Subject to paragraph (2), if the township undertakes work under subsection (a), costs shall be assessed in accordance with Chapter 63 (relating to assessments for public improvements).

(2) If the benefit conferred method of assessment is used, the benefit conferred may not exceed actual cost. Cross References. Section 7318 is referred to in sections 7319, 7320 of this title.
73 Pa.C.S. § 5519 — PA Code / Title 73 / Chapter 55 / Section 5519
Streets in or near public parks.
Status: in_force

(a) Creation, relocation or alteration of parks.--The board of commissioners may contract with the Commonwealth, a county or a municipal corporation owning and operating parks inside the township to establish, relocate, alter or vacate public streets inside or contiguous to those parks. The board of commissioners shall take no action with respect to the public streets without the written consent and agreement of the Commonwealth, county or municipal corporation owning and

operating the parks. A street, when altered or relocated under this section, shall be maintained and repaired the same as other township streets.

(b) Ordinance required.--The agreement shall be adopted by ordinance and within 30 days the street shall be a public street of the township.

(c) Petition of injury.--The owner of any land through which a public street may be located or relocated may apply by petition to the court of common pleas, specifying the injury that has been sustained by reason of the relocation of the public street. The proceedings relative to the assessment and payment of damages of the landowner shall be in accordance with 26 Pa.C.S. (relating to eminent domain).
73 Pa.C.S. § 4301 — PA Code / Title 73 / Chapter 43 / Section 4301
Suits and property.
Status: in_force

A township may:

(1) Sue and be sued.

(2) Have and use a corporate seal and alter the seal.

(3) Purchase, exchange, acquire by gift or otherwise, hold, lease, let and convey, by sale or lease, real and personal property deemed to be in the best interest of the township subject to the restrictions, limitations or exceptions as specified in this part.
73 Pa.C.S. § 4909 — PA Code / Title 73 / Chapter 49 / Section 4909
Additions and revisions to duplicates.
Status: in_force

(a) Reassessment.--If in a township there is any construction of a building or buildings not otherwise exempt as a dwelling after January 1 of any year and the building is not included in the tax duplicate of the township, the county assessment office shall, upon the request of the board of commissioners, direct the assessor in the county assessment office to inspect and reassess, subject to the right of appeal and adjustment by statute, the taxable property in the township to which major improvements have been made after January 1 of any year and to give notice of the reassessments within 10 days to the authority responsible for assessments, the township and the property owner.

(b) Addition to duplicate.--The real property shall be added to the duplicate and shall be taxable for township purposes at the reassessed valuation for that proportionate part of the fiscal year of the township remaining after the property was improved. Any improvement made during the month shall be computed as having been made on the first day of the month.

(c) Notice of taxes due.--A certified copy of the additions or revisions to the duplicate shall be furnished by the board of township commissioners to the township tax collector, together with the board's warrant for collection of the same, and within 10 days the township tax collector shall notify the owner of the property of the taxes due the township.
73 Pa.C.S. § 4107 — PA Code / Title 73 / Chapter 41 / Section 4107
Badge.
Status: in_force

A township police officer, when on duty, shall wear a badge or shield with the words "Township Police" and the name of the township inscribed on the badge or shield.
73 Pa.C.S. § 1949 — PA Code / Title 73 / Chapter 19 / Section 1949
Physical and psychological medical examinations.
Status: in_force

(a) Conditional offers.--An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional employee undergoing a physical and psychological medical examination and a determination that the conditional employee is capable of performing all the essential functions of the position. Physical medical examinations shall be conducted under the direction of a physician or other qualified medical professional. Psychological medical examinations shall be conducted under the direction of a psychiatrist or psychologist.

(b) Fitness.--The physician, other qualified medical professional, psychiatrist or psychologist shall be appointed by the board of commissioners and shall render an opinion as to whether the conditional appointee has a physical or mental condition which calls into question the individual's ability to perform all of the essential functions of the position for which the individual was conditionally appointed.

(c) Interactive discussion.--If the opinion rendered by the physician, other qualified medical professional, psychiatrist or psychologist calls into question the conditional appointee's ability to perform all essential functions of a position, an individual designated by the board of commissioners shall meet with the conditional appointee for the purpose of having one or more interactive discussions on whether the conditional appointee can, with or without reasonable accommodation, perform all the essential functions of the position.

(d) Found not qualified.--If, at the conclusion of the interactive discussion conducted under subsection (c), the board of commissioners determine that the conditional appointee is not qualified, the board of commissioners shall give written notice to the conditional appointee and the commission.

(e) Construction.--Nothing in this subchapter shall be construed to authorize physical or psychological medical examinations prior to conditional appointment.

(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:

"Medical examination." An examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant if it would prevent the applicant from performing, with or without a reasonable accommodation, all of the essential functions of the position.

"Qualified medical professional." An individual, in collaboration with or under the supervision or direction of a physician, as may be required by law, who is licensed:

(1) As a physician assistant under the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act.

(2) As a certified registered nurse practitioner under the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law. Cross References. Section 1949 is referred to in sections 1941, 1944 of this title.
73 Pa.C.S. § 4907 — PA Code / Title 73 / Chapter 49 / Section 4907
Disbursements to pay indebtedness.
Status: in_force

(a) Procedure.--Disbursements in discharge of township indebtedness duly incurred shall be made by the township treasurer or the treasurer's deputy, by virtue of warrants or orders drawn on the treasurer by the order of the board of commissioners, signed by the president or vice president and attested to by the secretary or assistant secretary of the board.

(b) Approval.--The board shall prescribe, by ordinance, the manner in which bills for township indebtedness shall be approved for payment.
73 Pa.C.S. § 2902 — PA Code / Title 73 / Chapter 29 / Section 2902
Compensation.
Status: in_force

(a) Per diem.--Subject to the limitations in subsection

(b), each auditor shall receive $20 per diem, to be paid by the township, for each day necessarily employed in the discharge of the auditor's duties. A day shall consist of not less than five hours in the aggregate.

(b) Limitations.--A township auditor may not be entitled to receive compensation for more than the following number of days:

(1) In townships with a population of less than 3,000, a maximum of 20 days.

(2) In townships with a population of 3,000 or more but less than 10,000, a maximum of 30 days.

(3) In townships with a population of 10,000 or more, a maximum of 40 days.
73 Pa.C.S. § 4101 — PA Code / Title 73 / Chapter 41 / Section 4101
Appointment, compensation and training of police officers.
Status: in_force

(a) Number, rank and compensation.--Subject to the civil service provisions of this part, the board of commissioners may appoint and fix the number, rank and compensation of the members of the township police force.

(b) Police services.--Subject to the requirements of 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), the board of commissioners may provide for police services:

(1) by municipal police officers under a contract;

(2) through the purchase of police services; or

(3) by joining or developing a consolidated regional police service.

(c) Removal, suspension or demotion.--The board of commissioners may remove, suspend or demote a police officer:

(1) in accordance with the act of June 15, 1951 (P.L.586, No.144), entitled "An act regulating the suspension, removal, furloughing and reinstatement of police officers in boroughs and townships of the first class having police forces of less than three members, and in townships of the second class"; or

(2) subject to Subchapter D of Chapter 19 (relating to civil service for police and firefighters).

(d) Limitations.--

(1) A police officer may not at the same time hold a public office other than constable, health officer or school director of a school district situated within a county of the second class.

(2) A police officer who holds the office of school director in accordance with paragraph (1), whether contracted or otherwise employed by the school district, may not serve as a school police officer, as provided for in section 1302-C of the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949.

(e) Campaigns.--A police officer may not participate in a political or election campaign while on duty or in uniform or while using township property other than to exercise the officer's right of suffrage.

(f) Rules and regulations.--Except as provided in section 1936 (relating to rules and regulations), the board of commissioners shall promulgate rules and regulations for the organization of the police force.

(g) Training classes.--The board of commissioners may assign the chief of police or another member of the police force to attend training classes, which are offered by the Federal Government, State or county government, and may pay a member's expenses while attending the training classes. Cross References. Section 4101 is referred to in section 1950 of this title.
73 Pa.C.S. § 5304 — PA Code / Title 73 / Chapter 53 / Section 5304
Value of land or property not to be assessed as benefits.
Status: in_force

In the appropriation of land or property for public use, other than for streets, it shall be unlawful to assess any portion of the damage done to or value of the appropriated land or property against the other property adjoining or in the vicinity of the appropriated land or property.
73 Pa.C.S. § 3102 — PA Code / Title 73 / Chapter 31 / Section 3102
Salary of controller.
Status: in_force

The annual salary of the township controller shall be fixed by ordinance passed at least 30 days before the township controller's election. A change in salary, compensation or emoluments of the office of township controller shall take effect at the beginning of the next term of the township controller.
73 Pa.C.S. § 1502 — PA Code / Title 73 / Chapter 15 / Section 1502
Petition of electors.
Status: in_force

(a) General rule.--At least 5% of registered electors of the township or, for a proposal affecting only a portion of the township, at least 5% of the registered electors of the ward which would be affected by the proposal, may petition the board of commissioners to initiate proceedings under section 1501 (relating to creation and alteration of wards) and may present to the board of commissioners a plot showing the boundaries of the proposed wards of the township. The board of commissioners shall, by motion approved by a majority of the commissioners within 90 days of presentment of the petition, determine whether to initiate proceedings under section 1501.

(b) Failure to approve motion.--If the board of commissioners has not approved a motion within 90 days after the presentment of a petition under subsection (a), 10 registered electors may petition the court of common pleas to contest the existing apportionment as violating section 1501(b) or (d). The proceedings before the court shall be conducted in accordance with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment by governing body) and 907 (relating to costs and expenses of contest).
73 Pa.C.S. § 7505 — PA Code / Title 73 / Chapter 75 / Section 7505
Property maintenance code.
Status: in_force

(a) Property maintenance code.--

(1) Notwithstanding the primacy of the Uniform Construction Code, the board of commissioners may pass a property maintenance code ordinance in either of the following manners:

(i) Pass, as the property maintenance code ordinance, a standard or nationally recognized property maintenance code, with alterations.

(ii) Incorporate by reference, into the property maintenance code ordinance, a standard or nationally recognized property maintenance code, or an alteration of the code, published and printed in book form. An incorporated code need not be recorded in or attached to the ordinance book but shall be deemed legally recorded if the incorporating property maintenance code ordinance is recorded, with an accompanying notation stating where the full text of the incorporated code is filed.

(2) The property maintenance ordinance may provide for reasonable property fines and penalties for violations.

(3) Notice of consideration of the property maintenance code ordinance must be published to summarize its contents and to identify locations within the township where copies may be examined and obtained. Notice under this paragraph must be published once in one newspaper of general circulation at least one week and not more than three weeks prior to the presentation of the proposed property maintenance code ordinance to the board of commissioners.

(4) At least three copies of the property maintenance code ordinance shall be made available for public inspection and use during business hours and available to an interested party at cost or without charge.

(5) The procedure under this subsection applies to an amendment or repeal of the property maintenance code ordinance.

(b) Property maintenance inspectors.--

(1) The board of commissioners may appoint property maintenance inspectors.

(2) A property maintenance inspector may enter upon and inspect property, subject to constitutional standards, at reasonable hours and in a reasonable manner for the administration and enforcement of the property maintenance code ordinance under subsection (a)(1). A fee payable to a property maintenance inspector under the property maintenance code ordinance shall be promptly remitted to the township treasurer for the use of the township.

(c) Legal actions.--In addition to the penalties provided by the property maintenance code ordinance, the township may institute an action in law or equity to enjoin or prevent a violation of the property maintenance code ordinance.

(d) Construction.--The powers of a township under this section are in addition to the powers under:

(1) the act of November 26, 2008 (P.L.1672, No.135), known as the Abandoned and Blighted Property Conservatorship Act;

(2) 53 Pa.C.S. Ch. 61 (relating to neighborhood blight reclamation and revitalization); and

(3) 68 Pa.C.S. Ch. 21 (relating to land banks). Cross References. Section 7505 is referred to in sections 7506, 7711 of this title.
73 Pa.C.S. § 4322 — PA Code / Title 73 / Chapter 43 / Section 4322
Prohibition of fire-producing devices and smoking.
Status: in_force

The board of commissioners may prohibit and regulate the smoking or carrying of lighted cigarettes, cigars, pipes or matches and the use of matches or fire-producing devices. An ordinance enacted or regulation or resolution adopted under this section shall not regulate smoking in a manner that conflicts with the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act.
73 Pa.C.S. § 4324 — PA Code / Title 73 / Chapter 43 / Section 4324
Regulation of foundations, party walls and partition fences.
Status: in_force

(a) General rule.--Subject to the provisions of and regulations adopted under the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, and other applicable law, the board of commissioners may provide regulations for foundations, party walls and partition fences.

(b) Fees authorized.--The board of commissioners may prescribe and enforce reasonable fees for the services of its officers and agents in the adjustment of party walls, partition fences and similar items.
73 Pa.C.S. § 106 — PA Code / Title 73 / Chapter 1 / Section 106
Creation of townships of the first class from townships of the second class.
Status: in_force

(a) Establishment as a township of the first class.--A township of the second class may be established as a township of the first class as follows:

(1) A township of the second class may become a township of the first class if the township of the second class has a population density of 300 or more inhabitants to the square mile. The population density shall be determined from the most recent census data as made available by the United States Census Bureau, whether it is from the decennial census, special census or from the Population Estimates Program.

(2) The board of supervisors of a township of the second class on the board's own initiative may, or within 15 days after the receipt of a petition signed by at least 5% of the electors of the township of the second class shall, pass a resolution, which shall be recorded on the township's minutes, submitting the question of whether the township of the second class shall be established as a township of the first class to the electors of the township of the second class. The petition and resolution shall include the population density of the township of the second class.

(3) At the next primary, general or municipal election occurring at least 90 days after the passage of the resolution under paragraph (2), the question shall be submitted to the electors of the township. The county board of elections shall place the question of establishing a township of the first class on the ballot in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(4) The election officers shall compute the votes cast at the election under paragraph (3) and certify the votes to the county board of elections. The county board of elections shall compute the votes cast and certify the result to the county commissioners, the board of supervisors of the township of the second class and the clerk of the court of common pleas. If a majority of the votes cast at the election are in favor of becoming a township of the first class, the government of the township of the first class shall be organized and become effective on the first Monday of January after the election.

(b) Terms of officers ended.--When a township of the first class is organized and becomes effective under subsection (a),

the terms of the officers of the township of the second class shall cease and the officers appointed by the court for the township under section 109 (relating to officers for new townships) shall take office.

(c) Moratorium if election fails.--If a majority of the votes cast at the election under subsection (a) are in favor of remaining a township of the second class, no further proceedings may be initiated for a period of two years from the date of the election. Cross References. Section 106 is referred to in section 109 of this title.
73 Pa.C.S. § 4361 — PA Code / Title 73 / Chapter 43 / Section 4361
Conservation district.
Status: in_force

The board of commissioners may make appropriations to a conservation district, as the term is defined under section 3 of the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law, in which the township is located.
73 Pa.C.S. § 1940 — PA Code / Title 73 / Chapter 19 / Section 1940
Annual report.
Status: in_force

The civil service commission shall make an annual report to the board of commissioners containing a brief summary of its work during the year, which shall be available for public inspection in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
73 Pa.C.S. § 6104 — PA Code / Title 73 / Chapter 61 / Section 6104
Location of sanitary sewers on private property.
Status: in_force

Where it is reasonably impracticable, in the judgment of the board of commissioners, in any part of the sanitary sewer system to carry sanitary sewers along the lines of public streets or highways, the board of commissioners may locate and construct as much of the sanitary sewers as is necessary through private lands and may acquire the necessary land or right of way for this purpose by gift, purchase or the exercise of the right of eminent domain.
73 Pa.C.S. § 4346 — PA Code / Title 73 / Chapter 43 / Section 4346
Insurance.
Status: in_force

(a) General rule.--The board of commissioners may secure insurance or compensation in accordance with Article VI of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, for:

(1) Volunteer firefighters of companies duly recognized by the township, by motion or resolution, killed or injured while going to, returning from or attending fires or while performing any other duties authorized by the township.

(2) Township employees as defined in section 601 of the Workers' Compensation Act.

(b) Insurance contracts for buildings and property.--The board of commissioners may enter into contracts for insurance with an insurance company, association or exchange, authorized by law to transact business in this Commonwealth, to insure buildings or property owned or leased by the township.

(c) Insurance contracts for public liability.--The board of commissioners may enter into contracts for insurance with an insurance company, association or exchange authorized by law to transact business in this Commonwealth to insure any public liability of the township.

(d) Insurance contracts covering employee life and medical expenses.--

(1) The board of commissioners may enter into contracts for insurance with an insurance company, nonprofit hospitalization corporation, nonprofit medical service corporation, association or exchange authorized by law to transact business in this Commonwealth to insure its employees or commissioners, or any class or classes of the employees or commissioners or dependents of the employees

or commissioners, under a policy or policies of group insurance covering life, health, hospitalization, medical and surgical service or accident insurance.

(2) A life, health, hospitalization, medical service or accident insurance coverage contract entered into by a township between January 1, 1959, and December 31, 1984, that includes or provides coverage for commissioners shall not be void or unlawful solely because the inclusion of commissioners was subsequently found to be without lawful authority. No penalty, assessment, surcharge, forfeiture or disciplinary action of any kind may occur as a result of participation by those commissioners. Insurance benefits payable to insureds or their beneficiaries arising out of or on account of deaths, injuries, accidents or illnesses occurring before November 29, 1985, remain the property of the insureds or beneficiaries of the insureds.

(e) Contracts for employee annuities and pensions.--

(1) The board of commissioners may contract with an insurance company granting annuities or pensions for the pensioning of employees or any class or classes of employees and pay part or all of the premiums or charges for carrying the contracts.

(2) A pension or annuity contract entered into by a township between January 1, 1959, and December 31, 1984, that includes or provides for benefits for commissioners at township expense shall not be void or unlawful solely because the inclusion of commissioners was subsequently found to be without lawful authority. No penalty, assessment, surcharge or disciplinary action of any kind may occur as a result of participation by those commissioners provided that anyone entitled to benefit coverage under a pension paid for, in whole or in part, by a township without lawful authority shall deliver, surrender and assign to the township all benefits paid under the contract after December 31, 1984.

(3) If an official personally contributed toward a pension plan or a purchase of an annuity under paragraph

(2), the official shall be refunded the official's total contributions, plus accumulated interest, less an amount already paid to the official under the annuity or pension plan, when the annuity or pension benefits are delivered, surrendered or assigned to the township, or when the annuity becomes the property of the township by operation of this section. In lieu of a refund of total contributions plus accumulated interest, an official who personally contributed toward the pension plan or toward the purchase of the annuity may elect to purchase from the township the township's interest in that pension plan or annuity program. The election option shall be exercised within 60 days of November 29, 1985. The value of the interest of the township in the pension plan or annuity program with respect to the official shall be determined by the actuary who prepared the 1983 municipal pension report for the township pension plan or annuity program under the act of December 6, 1972 (P.L.1383, No.293), entitled "An act requiring municipal pension systems to have an actuarial investigation of the fund made by an actuary who shall report his findings to the Department of Community Affairs," using the same applicable actuarial assumptions as used in that report or, if no actuary was retained for the 1983 report or no 1983 report was filed, by an actuary retained for the purpose of valuing the township interest. The cost of the actuarial valuation of the township interest and future administrative costs of the

pension plan or the annuity program attributable to the official shall be payable by the official in a manner to be established by agreement with the township auditors.

(4) No elected or appointed township official included in a township-paid pension or annuity plan entered into prior to December 31, 1984, shall be subject to any penalty, assessment, surcharge or disciplinary action as a result of the participation. Any residual interest, value, refund of premium or benefits payable on or after December 31, 1984, arising out of the township-paid interest of the elected or appointed township officials shall become the exclusive property of the township.

(f) Appropriation.--The board of commissioners may appropriate money from the general township fund for the purposes of this section.

(g) Construction.--Nothing in this section shall be construed to affect a contract, right or coverage of insurance vested or existing on the effective date of this section. "Contract," as used in this section, includes an annuity contract if the option to renew continues to provide the same rights to the annuitant that existed as of the effective date of this subsection.

(h) Deduction of premiums and charges.--

(1) The commissioners may deduct from an employee's or commissioner's pay, salary or compensation the part of the premium or charge, as is payable by the employee or commissioner, and as may be authorized by the employee or commissioner in writing. The insurance shall be uniformly applicable to each employee or commissioner covered and shall not give eligibility preference to, or improperly discriminate in favor of, commissioners.

(2) (Reserved).

(i) Definition.--As used in this section, the term "employee" does not include an independent contractor, township engineer and township solicitor. Cross References. Section 4346 is referred to in section 2103 of this title.
73 Pa.C.S. § 5103 — PA Code / Title 73 / Chapter 51 / Section 5103
Evasion of advertising requirements.
Status: in_force

(a) General rule.--

(1) No commissioner shall evade the provisions of section 5102 (relating to regulation of contracts) as to advertising for bids by purchasing or contracting for services and personal properties piecemeal for the purpose of obtaining prices under $18,500, subject to adjustment under section 5102(d), upon transactions, which transactions should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than $18,500, subject to adjustment under section 5102(d).

(2) This subsection is intended to make unlawful the evading of advertising requirements by making a series of purchases or contracts, each for less than the advertising requirement price, or by making several simultaneous purchases or contracts, each below the price, when in either case, the transactions involved should have been made as one transaction for one price.

(3) A commissioner who votes in violation of this subsection and knows that the transaction upon which the commissioner votes is or should be a part of a larger transaction and is being divided in order to evade the requirements as to advertising for bids, shall be jointly and severally subject to a surcharge for 10% of the full amount of the contract or purchase.

(4) If it appears that a commissioner may have voted in violation of this section, but the purchase or contract on which the commissioner voted was not approved by the board of commissioners, this section shall not apply.

(b) Violation and penalty.--A commissioner who votes to unlawfully evade the provisions of section 5102 and who knows that the transaction upon which the commissioner votes is or should be a part of a larger transaction and is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract

entered into as a direct result of that vote. The penalty under this subsection shall be in addition to a surcharge that may be assessed under subsection (a).
73 Pa.C.S. § 4340 — PA Code / Title 73 / Chapter 43 / Section 4340
Capital reserve fund.
Status: in_force

The board of commissioners may establish and maintain a separate capital reserve fund for anticipated legal capital expenditures subject to the following:

(1) The fund shall be designated for a specific purpose or purposes when established.

(2) The money in the fund shall be used for the construction, purchase or replacement of or addition to municipal buildings, equipment, machinery, motor vehicles or other capital assets of the township as specified at the time the fund was established and for no other purpose unless the commissioners, by a four-fifths vote, declare that the original purpose or purposes have become impracticable,

inadvisable or impossible, or that conditions in the township make other capital expenditures more urgent than those for which the fund was established.

(3) The board of commissioners may appropriate money from the general township fund to be paid into the capital reserve fund, or place in the capital reserve fund money received from the sale, lease or other disposition of township property or from another source unless received or acquired for a particular purpose.

(4) The fund shall be controlled, invested, reinvested and administered and the money and any income derived from the fund expended for a purpose for which the fund was established in a manner determined by the board of commissioners.

(5) The money in the fund, when invested, shall be invested in securities designated by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) as legal investments for sinking funds of municipalities.
73 Pa.C.S. § 7305 — PA Code / Title 73 / Chapter 73 / Section 7305
Expenses.
Status: in_force

(a) Payment.--

(1) Expenses incurred in the maintenance and operation of parks, recreation areas and facilities under this chapter shall be payable from the treasury of the township or from

the treasury of the applicable political subdivisions pursuant to an intergovernmental cooperation agreement.

(2) The board of commissioners may annually appropriate money to pay expenses under paragraph (1).

(b) Taxation.--The board of commissioners may raise money for payment under subsection (a) by general or special taxation.
73 Pa.C.S. § 3701 — PA Code / Title 73 / Chapter 37 / Section 3701
Township manager.
Status: in_force

(a) Authorization.--The board of commissioners may establish or abolish by ordinance the office of township manager. If the board of commissioners establishes the office of township manager, the board of commissioners may appoint an individual, partnership, limited partnership, association or professional corporation as the township manager.

(b) Nature of office.--The township manager shall serve at the pleasure of the board of commissioners, subject to contractual rights that may arise under an employment agreement or professional services agreement that may be entered in accordance with section 3702 (relating to powers, duties and agreements).
73 Pa.C.S. § 4355 — PA Code / Title 73 / Chapter 43 / Section 4355
Nonprofit art corporations.
Status: in_force

(a) General rule.--The board of commissioners may appropriate money annually, of an amount not more than equal to one mill of the real estate tax, to any nonprofit art corporation for the conduct of the corporation's artistic and cultural activities.

(b) 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:

"Artistic and cultural activities." The term includes the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing.

"Nonprofit art corporation." A local arts council, commission or coordinating agency or other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts.
73 Pa.C.S. § 1931 — PA Code / Title 73 / Chapter 19 / Section 1931
Definitions.
Status: in_force

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Firefighter." An individual who operates fire apparatus and devotes the individual's normal working hours to operate a piece of fire apparatus or other services connected with fire protection work and who is paid a stated salary or compensation for the work completed by the township.

"Police force." A police force organized and operating as prescribed by law, the members of which devote normal working hours to police duty or duty in connection with the bureau, agencies and services connected with police protection work and who are paid a stated salary or compensation for the work completed by the township.
73 Pa.C.S. § 1944 — PA Code / Title 73 / Chapter 19 / Section 1944
Eligibility list and manner of filling appointments.
Status: in_force

(a) Rank.--

(1) The civil service commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list at the completion of the testing process, including a physical agility or other examination, except for a background investigation to be conducted after the establishment of an eligibility list and a physical and psychological medical examination under section 1949 (relating to physical and psychological medical examinations).

(2) The eligibility list shall contain the names of individuals eligible for appointment listed from highest to lowest based on the individual's scores on the examinations administered by the civil service commission and any points for which the applicant was entitled under 51 Pa.C.S. Ch. 71 (relating to veterans' preference).

(3) The eligibility list shall be valid for one year from the date the civil service commission formally adopts the eligibility list. Prior to expiration of the one-year period, the civil service commission may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the civil service commission at a duly authorized civil service commission meeting. In the absence of a lawful extension by the civil service commission, the list shall expire.

(b) Filling of a position.--Except as provided under subsection (c), an original position or employment in the police force or as a paid firefighter, except for the chief of police or chief of the fire department or an equivalent official, shall be filled only in the following manner:

(1) The board of commissioners shall notify the civil service commission of a vacancy which is to be filled and shall request the certification of an eligibility list.

(2) For each vacancy, the civil service commission shall certify three individuals from the eligibility list, or a fewer number of individuals if three individuals are not

available, who have received the highest average for the vacancy.

(3) The board of commissioners shall make a conditional appointment from the certified individuals by the civil service commission based solely on the merits and fitness of the certified individuals, unless the board of commissioners objects to the civil service commission regarding one or more of the certified individuals for a cause specified under section 1943 (relating to rejection of applicant and hearing).

(4) If objections are sustained by the civil service commission under paragraph (3), or if the conditional appointee is determined to be unqualified in accordance with the procedures under section 1949, the civil service commission shall strike the name of the individual from the eligibility list and certify the next highest individual from names stricken from the eligibility list.

(b.1) Subsequent vacancy.--The procedure under subsection

(b) shall be used to fill each subsequent vacancy that occurs in the same or another position.

(c) Reappointment or reinstatement.--A vacancy in an existing position in the police force or as a paid firefighter which occurs as a result of retirement, resignation, disability or death may be filled by the board of commissioners by the reappointment or reinstatement of a former employee of the police force or fire department who had previously complied with this section. An examination, other than a physical examination as directed by the civil service commission, may not be required for reappointment or reinstatement to the force or department with which the employee previously served, except at the discretion of the board of commissioners or as required by law.

(d) Chief of police or chief of fire department.--For a vacancy in the office of chief of police or chief of the fire department or equivalent official, the board of commissioners may nominate an individual to the civil service commission. The civil service commission shall subject the nominee to a noncompetitive examination. If the nominee is certified by the civil service commission as qualified, the nominee may be appointed to the position and shall be subject to the provisions of this subchapter. Cross References. Section 1944 is referred to in sections 1941, 1947 of this title.
73 Pa.C.S. § 4334 — PA Code / Title 73 / Chapter 43 / Section 4334
Appropriations for airports.
Status: in_force

The board of commissioners may appropriate money to assist a municipality or municipal airport authority to acquire, establish, operate and maintain air navigation facilities lying either within or without the limits of the township.
73 Pa.C.S. § 4701 — PA Code / Title 73 / Chapter 47 / Section 4701
Appointment of boards of health and health officers.
Status: in_force

(a) General rule.--The board of commissioners may, by ordinance, establish a board of health or the office of health officer to administer and enforce the health ordinances and related ordinances of the township. A health officer must,

whether appointed by the board of commissioners or by the board of health, have experience or training in public health work and must, within six months of taking the oath of office, be certified for the office of health officer by the Department of Health.

(b) Payment of expenses.--Expenses incurred by the board of health or a health officer shall be paid by the township.

(c) Dissolution.--A township may, by ordinance, dissolve a board of health or the office of health officer and decide to become subject to the jurisdiction of a county department of health or joint county department of health under the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law.
73 Pa.C.S. § 107 — PA Code / Title 73 / Chapter 1 / Section 107
Reestablishment of townships of the second class.
Status: in_force

A township of the first class may, no sooner than five years after becoming a township of the first class, be reestablished as a township of the second class as provided in the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code.
73 Pa.C.S. § 2906 — PA Code / Title 73 / Chapter 29 / Section 2906
Penalty for failure to perform duty.
Status: in_force

An auditor who fails to comply with the provisions of this subchapter commits a summary offense.
73 Pa.C.S. § 3913 — PA Code / Title 73 / Chapter 39 / Section 3913
Care of memorials.
Status: in_force

(a) Maintenance and repair.--The board of commissioners may maintain and keep in good order and repair, at the expense of the township, a soldiers' monument, gun or carriage or similar memorial if the memorial:

(1) is not in the charge or care of an individual, body or organization; and

(2) was not erected by:

(i) the Federal Government, the Commonwealth or the commissioners of the county; or

(ii) the direction or authority of another state.

(b) Donations.--The board of commissioners may receive money from an individual or organization and may expend the money for the benefit of memorials.
73 Pa.C.S. § 1711 — PA Code / Title 73 / Chapter 17 / Section 1711
Vacancies.
Status: in_force

(a) Filling.--

(1) If a vacancy occurs in the office of township commissioner, auditor, controller or tax collector for any of the following, the board of commissioners shall fill the vacancy within 30 days by appointing by resolution a

registered elector of the township, or of the ward for a ward office, in which the vacancy occurs:

(i) Death.

(ii) Resignation.

(iii) Removal as provided under section 1904 (relating to removal of township officers and appointees).

(iv) Termination of residency from the township, or of the ward for a ward office.

(v) Failure to take the required oath, give required bond or provide the affidavit required under section 1701 (relating to eligibility).

(vi) Or otherwise.

(2) If a person other than an individual is appointed to fill a vacancy in the office of tax collector under section 1703(a)(2)(ii) (relating to elected officers), the person shall not be required to file the affidavit required under section 1701. An individual appointed as a tax collector under section 4.2 or 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, shall not be required to file an affidavit required under section 1701.

(a.1) Resignations.--Except as provided under subsection

(b.2), the following shall apply:

(1) A vacancy shall not be created by a resignation until the date that the resignation is accepted by a majority vote of a quorum of the board of commissioners at a public meeting or the effective date of the tendered resignation, whichever is later. The board of commissioners must accept a resignation no later than 45 days after the resignation has been tendered in writing to the board of commissioners, unless the resignation is withdrawn in writing prior to acceptance.

(2) A resignation that is not accepted as provided under paragraph (1) shall be deemed accepted after 45 days.

(a.2) Deaths.--A vacancy shall not be created by death until the next meeting of the board of commissioners.

(b) Vacancy board.--

(1) A vacancy board shall be convened to fill a vacancy within 15 days if the board of commissioners of a township, for any reason, fails to fill a vacancy after 30 days. The board of commissioners may vote to convene the vacancy board within 30 days of a vacancy if the board of commissioners is unable, for any reason, to fill the vacancy and shall provide a justification at a public meeting.

(2) The vacancy board shall consist of the board of commissioners and one registered elector of the township, who shall be appointed by the board of commissioners at the board's first meeting each calendar year or as soon thereafter as practical.

(3) The registered elector shall act as chairperson of the vacancy board and shall serve as the chairperson until the chairperson's successor is appointed. The chairperson of the vacancy board may not vote for themselves to fill a vacancy in any office.

(b.1) Court of common pleas.--The vacancy board chairperson shall, or in the case of a vacancy in the chairpersonship the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy by appointing a registered elector of the township or ward in which the vacancy occurs if one of the following occur:

(1) the vacancy board fails to fill the position within 15 days; or

(2) the position of vacancy board chairperson is vacant and the remaining members of the vacancy board provide justification for the reason the vacancy board is not able to fill the position sooner than 15 days and vote publicly to disband.

(b.2) Vacancy in majority of offices.--Notwithstanding any other subsections in this section, if there are vacancies in a majority of the offices of commissioners, the court of common pleas shall fill the vacancies upon presentation of a petition signed by the remaining commissioners or at least 15 registered electors of the township. A resignation that precludes a majority of commissioners from accepting the resignation shall create a vacancy on the date specified in the tendered resignation or, if no date is specified, the second business day after the day the resignation is tendered, unless sooner withdrawn in writing.

(b.3) Term.--A registered elector appointed to fill a vacancy shall hold the office until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs. At the first municipal election occurring more than 60 days after the vacancy occurs, an eligible person shall be elected to the office for the remainder of the term. The appointed registered elector must have been a resident of the township or ward continuously for at least one year immediately prior to the appointment. Cross References. Section 1711 is referred to in section 1701 of this title.
73 Pa.C.S. § 6301 — PA Code / Title 73 / Chapter 63 / Section 6301
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:

"Front foot." The term includes, but is not limited to, front linear foot, lot, parcel, dwelling unit or square foot.

"Public improvement." The term includes, but is not limited to, the following:

(1) The building, paving, grading, rebuilding, repaving and regrading of streets, sidewalks, curbs and gutters.

(2) The creation, extension and renovation of water treatment, transmission, distribution and disposal systems.

(3) The creation, extension and renovation of sewage collection, transmission, distribution, treatment and disposal systems.

(4) The creation, extension and renovation of storm, surface and subsurface drainage systems.

(5) The construction, reconstruction and repair of wharves and docks.

(6) The installation, maintenance or operation of lighting that services the streets, sidewalks and other public places within the township.

(7) The planting, transplanting, removal and protection of shade trees.
73 Pa.C.S. § 7705 — PA Code / Title 73 / Chapter 77 / Section 7705
Appeals from ordinances and resolutions.
Status: in_force

(a) Legality.--A complaint as to the legality of an ordinance or a resolution must be made to a court of common pleas under 42 Pa.C.S. § 5571.1 (relating to appeals from ordinances, resolutions, maps, etc.).

(b) Legality and propriety.--For an ordinance laying out streets over private lands, the court has jurisdiction to review the propriety and legality of the ordinance.
73 Pa.C.S. § 5530 — PA Code / Title 73 / Chapter 55 / Section 5530
Street permits.
Status: in_force

No railroad or street railway shall be constructed upon a township street, nor shall a railroad or street railway crossings, driveway connections, gas pipes, water pipes, electric conduits or other piping be laid upon or in, nor shall a telephone, telegraph or electric light or power poles or coal tipples or other obstructions or facilities of nonpublic utility communication providers be erected upon or in any portion of a township street, except under conditions, restrictions and regulations, and subject to the payment of fees for permits as may be prescribed and required by the board of commissioners not exceeding the reasonable cost of issuing the permit and expense of inspecting the work authorized by the permit upon completion of the work. All fees collected for permits shall be paid into the township treasury.
73 Pa.C.S. § 7502 — PA Code / Title 73 / Chapter 75 / Section 7502
Primacy of Uniform Construction Code.
Status: in_force

(a) Applicability.--The Pennsylvania Construction Code Act and the Uniform Construction Code shall apply to the construction, alteration, repair and occupancy of the buildings and structures within a township.

(b) Primacy.--This section and an ordinance passed or a rule or regulation adopted under this section shall not supersede or abrogate the Pennsylvania Construction Code Act or the Uniform Construction Code and shall be construed and read in pari materia with both.
73 Pa.C.S. § 4337 — PA Code / Title 73 / Chapter 43 / Section 4337
Widening and deepening of watercourses.
Status: in_force

(a) General rule.--After permits have been secured from all applicable agencies, the board of commissioners or an agent or employee of the board may widen and deepen a watercourse running through the township and erect dykes, retaining walls and embankments along the watercourse as necessary to prevent water from overflowing the watercourse's banks.

(b) Entry on and condemnation of land.--For purposes under subsection (a), a township may enter and condemn property as may be necessary. A township may enter land lying near the watercourse and secure materials as may be necessary in connection with the work. Damages for property taken, injured or destroyed as the result of the work shall be fixed and determined as provided under 26 Pa.C.S. (relating to eminent domain).

(c) Appropriations.--A township may appropriate money to effectuate this section.
73 Pa.C.S. § 6701 — PA Code / Title 73 / Chapter 67 / Section 6701
Manufacture and sale of electricity.
Status: in_force

A township may manufacture electricity by means of a hydroelectric generating facility owned or operated by the township for the use of the inhabitants of the township. A township owning or operating a hydroelectric generating facility may make contracts for the sale of electricity to persons engaged in the business of the manufacture or sale of electricity.
73 Pa.C.S. § 6105 — PA Code / Title 73 / Chapter 61 / Section 6105
Treatment works and facilities.
Status: in_force

The board of commissioners may acquire by eminent domain or enter into contracts with other municipal corporations, corporations or persons for the acquisition of lands or facilities for the location, construction, maintenance, use and operation of sanitary sewer systems and treatment facilities. Acquisitions may be made for the purpose of future additions to and enlargements of existing systems. The acquired land may be located either inside or outside the boundaries of the township. Any extension shall be in conformity with 26 Pa.C.S. § 206 (relating to extraterritorial takings) and any other applicable requirement of 26 Pa.C.S. (relating to eminent domain).
73 Pa.C.S. § 5505 — PA Code / Title 73 / Chapter 55 / Section 5505
Prohibition.
Status: in_force

No street shall be laid out and opened through a burial ground or cemetery, nor through grounds occupied by a building used as a place for public worship or as a public or parochial school or educational or charitable institution or seminary, unless the consent of the owner of the premises is first secured.
73 Pa.C.S. § 2102 — PA Code / Title 73 / Chapter 21 / Section 2102
Monthly meetings, quorum and voting.
Status: in_force

(a) Required meetings.--The board of commissioners shall meet at least once a month, at a time and place designated by ordinance.

(b) Quorum.--A majority of the members of the board of commissioners shall constitute a quorum. Except as provided in subsection (b.1)(1)(i), only members of the board of commissioners physically present at a meeting place within the township shall be counted in establishing a quorum.

(b.1) Telecommunication.--

(1) The board of commissioners may, under an established telecommunications policy and under paragraph (2), provide for the participation of members of the board in township meetings by means of telecommunication devices, including telephones or computer terminals, which permit, at a minimum, audio communication between locations, if the following apply:

(i) A majority of the members of the board is physically present at the advertised meeting place within the township and a quorum is established at the convening or reconvening of the meeting. If, after the convening or reconvening of a meeting, a member of the board has been disqualified from voting as a matter of law, and is still physically present, members of the board participating by telecommunication device in accordance with this section shall be counted to maintain a quorum.

(ii) The telecommunication device used permits the member or members of the board not physically present at the meeting to:

(A) speak to and hear the comments and votes, if any, of the members of the board who are physically present, as well as other members of the board who may not be physically present and are also using a telecommunication device to participate in the meeting; and

(B) speak to and hear the comments of the public who are physically present at the meeting.

(iii) The telecommunication device used permits the members of the board and the members of the public who are physically present at the meeting to speak to and hear the comments and the vote, if any, of the member or members of the board who are not physically present at the meeting.

(2) Any changes to the board of commissioners' established telecommunications policy shall become effective no sooner than 30 days following the vote to change the policy.

(3) Nothing in this subsection shall be construed to limit the protections and prohibitions contained in any law or regulation relating to the rights of the disabled.

(c) Disqualification limited.--A member of the board may not be disqualified from voting on an issue before the board solely because the member had previously expressed an opinion on the issue in either an official or unofficial capacity.
73 Pa.C.S. § 4317 — PA Code / Title 73 / Chapter 43 / Section 4317
Regulation of business.
Status: in_force

To provide for the prohibition, licensing and regulation of business, a board of commissioners may:

(1) In addition to licensing in accordance with Chapter 71 (relating to licenses and license fees), prohibit, license and regulate by ordinance the following:

(i) The carrying on of any manufacture, art or business that may be noxious or offensive and prejudicial to the public health or safety of the inhabitants.

(ii) The establishment and maintenance of junk yards, salvage yards and other places used and maintained for the collection, storage and disposal of used or second-hand goods and materials.

(iii) With respect to marketplaces:

(A) Regulating markets, whether for individual use or for resale.

(B) Purchasing and owning ground.

(C) Erecting, establishing and maintaining marketplaces for which parts of a street or sidewalk may be temporarily used.

(D) Contracting with a person for the erection, maintenance and regulation of marketplaces, on terms and conditions and in a manner as the board of commissioners prescribes.

(E) Providing and enforcing suitable regulations respecting marketplaces.

(F) Providing for the payment of the cost or expense of marketplaces, either in whole or in part, out of the funds of the township.

(G) Levying and collecting a suitable license fee from each person who may be authorized by the board of commissioners to occupy a portion of a marketplace or a portion of a street or sidewalk for temporary market purposes.

(2) Notwithstanding paragraph (1), prohibit, license and regulate businesses unless prohibited by law.

(3) Issue licenses under the act of July 31, 1963 (P.L.410, No.217), entitled "An act regulating and licensing all sales at retail when such sales are advertised as 'Closing Out Sale,' 'Fire, Smoke or Water Damage Sale,' or 'Defunct Business Sale,' with exceptions; requiring filing of inventory and bond; and providing for appeals and penalties."
73 Pa.C.S. § 7304 — PA Code / Title 73 / Chapter 73 / Section 7304
Organization and operation of park or recreation boards.
Status: in_force

(a) Officers.--The members of a park board or recreation board shall elect, for a one-year term, a chairperson, a secretary and other necessary officers.

(b) Employees.--If specified in the vesting ordinance under section 7302(4)(ii) (relating to creation of recreation board), the park or recreation board may employ necessary individuals.

(c) Business.--

(1) Except as specified in paragraph (2), a park or recreation board may adopt rules for the conduct of its business.

(2) Paragraph (1) does not apply if the vesting ordinance under section 7302(4)(ii) prohibits rulemaking.

(d) Annual report.--A park or recreation board shall submit an annual report to the board of commissioners. The report shall include an analysis of the community recreation areas, facilities and leadership, with particular reference to extent, adequacy and effectiveness, in view of the public expenditure involved and the public needs to be met.
73 Pa.C.S. § 6102 — PA Code / Title 73 / Chapter 61 / Section 6102
Required connection and fees.
Status: in_force

(a) General rule.--A township may, by ordinance, require a property owner to connect with and use a sanitary sewer system established or constructed by the township, joint sanitary sewer board or a municipal authority serving the township if the property abuts on or adjoins any street or highway along which the sewer system is located or whose principal building is within 150 feet from the sanitary sewer.

(b) Failure to connect.--

(1) If an owner of property abutting on or adjoining or whose principal building is within 150 feet from the sanitary sewer fails to connect with and use the sanitary sewer under subsection (a) for a period of 60 days after notice to do so has been served by the board of commissioners, either by personal service or by registered

mail, the board of commissioners or their agents may enter the property and construct the connection.

(2) The board of commissioners shall send an itemized bill of the cost of construction under paragraph (1) to the owner of the property to which connection has been made, which shall be payable immediately.

(3) If the owner fails to pay the bill under paragraph

(2), the board of commissioners shall file a municipal lien for the cost of the construction. The township may also by ordinance impose penalties to enforce regulations or orders in regards to sewer connections.

(c) Fees.--As a condition of connection to a sanitary sewer collection, treatment or disposal facility, owned or operated by a township, a township may impose and charge the following to property owners who desire or are required to connect to the sanitary sewer system or who desire to increase their usages of the system:

(1) A connection fee.

(2) A customer facilities fee.

(3) A tapping fee.

(4) Similar fees, as enumerated and defined by 53 Pa.C.S. § 5607(d)(24) (relating to purposes and powers). Cross References. Section 6102 is referred to in section 6101 of this title.
73 Pa.C.S. § 3303 — PA Code / Title 73 / Chapter 33 / Section 3303
Duties of solicitor.
Status: in_force

The township solicitor or special counsel, as applicable, shall have the following duties:

(1) Prepare or approve, if directed or requested by the board of commissioners, bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the township, or any department of the township, may be a party.

(2) Commence and prosecute all actions brought by the township for or on account of any of the estates, rights, trusts, privileges, claims or demands of the township before a court in this Commonwealth.

(3) Defend the township or a township officer against all actions or suits brought against the township or township officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the township may be brought in question before a court in this Commonwealth.

(4) Furnish the board of commissioners and the township committees, upon request, with an opinion in writing upon a

question of law, which may be submitted by the board of commissioners and the township committees in their official capacities.

(5) Perform any other professional act incident to the office which the township solicitor or special counsel may be authorized or required to perform by the board of commissioners or by an ordinance or resolution.
73 Pa.C.S. § 1921 — PA Code / Title 73 / Chapter 19 / Section 1921
County associations.
Status: in_force

A county association of township officers may be formed in the respective counties, or the township officers of at least two counties may form a joint county or regional association. The association shall hold annual, semiannual or quarterly conferences or educational training at the county seats of the respective counties or some other suitable place within this Commonwealth for the purpose of advancing the interests of the townships in the association and the inhabitants of the townships.
73 Pa.C.S. § 6106 — PA Code / Title 73 / Chapter 61 / Section 6106
Cost of construction and payment.
Status: in_force

The cost of construction of a system of sanitary sewers or drains, constructed by the authority of this subchapter, may be charged upon the properties benefited, improved or accommodated to the extent of the benefits, or may be paid for wholly or partially by general taxation. Any amount not legally chargeable upon properties benefited, improved or accommodated shall be paid out of the general township fund.
73 Pa.C.S. § 8101 — PA Code / Title 73 / Chapter 81 / Section 8101
Revival and repeal.
Status: in_force

(a) Revival.--Nothing in this chapter shall be construed to revive a repealed statutory provision.

(b) Repeals.--(Reserved).
73 Pa.C.S. § 5531 — PA Code / Title 73 / Chapter 55 / Section 5531
County aid in the improvement of township streets.
Status: in_force

(a) Improvement.--Whenever the owners of the majority of the assessed valuation of real property within a township desire a principal street within the township to be improved and maintained at the joint expense of the county and township, the owners may petition the board of commissioners of the township for the improvement and require the board of commissioners to make application to the county commissioners for the improvement and maintenance in accordance with the provisions of existing law.

(b) Board inaction and court order.--If the board of commissioners refuses to act upon, or unduly delays action on, a petition for the improvement and maintenance of a street, a citizen taxpayer of the township or county may, by petition, present the facts of the matter to the court of common pleas and request the court to order an action as the case may require. If, after due hearing had before the court, it appears that the truth of the matters alleged in the petition are sustained, the court shall make an order directing the board of commissioners to act upon the application or applications, and that the application or petition for the improvement be forwarded to the county commissioners.
73 Pa.C.S. § 5512 — PA Code / Title 73 / Chapter 55 / Section 5512
Street connecting with street of another municipal corporation.
Status: in_force

(a) General rule.--All streets partly within a township of the first class shall be laid out, opened, widened, straightened, altered, extended, vacated, improved, relocated or have grades established or reestablished under this chapter to the extent the street or portion of the street is within the township.

(b) Streets outside township.--

(1) The procedures applicable to any portion of the street outside the township shall be as provided by the code applicable to the classification of the other municipal corporation with which the street is shared.

(2) Notwithstanding paragraph (1), no action may be taken under this chapter that would result in the change of location or grade or the vacation of a street or portion of the street that connects with a street of another municipal corporation without approval of the court of common pleas of the county in which the other municipal corporation is located, unless the municipal corporation first files with the township secretary the municipal corporation's approval of the proposed action.
73 Pa.C.S. § 5510 — PA Code / Title 73 / Chapter 55 / Section 5510
Opening and repairing streets.
Status: in_force

(a) General rule.--Laid out public streets in a township shall, as soon as practicable, be effectually opened and constantly kept in repair. All streets shall, in all seasons, be kept reasonably clear of all impediments to easy and convenient traveling, at the expense of the township.

(b) Effect of proceedings.--When proceedings have been initiated under this part for the opening and laying out of a public street in a township, the street shall be physically opened for use by the public within a period of five years after the completion of the proceedings. If the street is not opened or if no proceedings have been commenced to compel the opening in five years, then the proceedings are void and the land proposed to be taken shall revert to the owners of the land free of any easement or right of the public to use the land.
73 Pa.C.S. § 4103 — PA Code / Title 73 / Chapter 41 / Section 4103
Chief of police and other officers.
Status: in_force

The board of commissioners may designate the superintendent or the chief of police and other officers who shall serve until their successors are duly designated and qualified.
73 Pa.C.S. § 4353 — PA Code / Title 73 / Chapter 43 / Section 4353
Sale of real or personal property to nonprofit medical service corporation.
Status: in_force

The board of commissioners may sell to a nonprofit medical service corporation any township-owned:

(1) Real property for the nonprofit medical service corporation's exclusive use as a site for a medical service facility.

(2) Personal property for the nonprofit medical service corporation's use at the medical service facility. Cross References. Section 4353 is referred to in section 4304 of this title.
73 Pa.C.S. § 7702 — PA Code / Title 73 / Chapter 77 / Section 7702
Publication.
Status: in_force

(a) Requirements.--Except as provided under this chapter or other statutory provision, the board of commissioners must publish a proposed ordinance once in one newspaper of general circulation at least seven days and not more than 60 days prior to passage. Publication of a proposed ordinance shall include all of the following:

(1) The full text of the proposed ordinance or the title and a brief summary of the proposed ordinance. THE brief summary shall include a description of each of the following, as applicable:

(i) An adoption, amendment or repeal of a tax, fee, charge or assessment.

(ii) An adoption, amendment or repeal of a regulation which provides for an offense or civil or criminal penalty.

(iii) A provision or covenant that does one or more of the following:

(A) Provides for the payment or disbursement of funds for goods, services or contractual obligations.

(B) Restricts funds for a specific purpose or obligation.

(C) Pledges funds for a specific purpose or obligation.

(2) A reference to the township office or other place where copies of the proposed ordinance may be examined.

(3) A reference to the publicly accessible Internet website, if any, where the full text of the proposed ordinance may be examined.

(a.1) Legal sufficiency.--If a published summary is subject to a legal challenge, a summary shall be legally sufficient if the summary containing the information required under subsection

(a)(1) is made available for examination at the time of publication in conformity with subsection (a)(2) and (3).

(a.2) Land use ordinances.--Notwithstanding subsection

(a)(1), the requirements of this section shall not supersede the publication or notification requirements of a proposed ordinance under the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.

(b) Summary.--If the full text is not included in the publication of the proposed ordinance, the following apply:

(1) The newspaper in which the proposed ordinance is published shall, upon request, be furnished a copy of the full text without charge.

(2) The following apply:

(i) In addition to copies of the full text of the proposed ordinance retained under subsection (a), an attested copy of the full text shall be filed within 30 days after passage in the county law library or other county office designated by the county commissioners.

(ii) Except as provided in subparagraph (iii)(D), the county commissioners may impose a fee not greater than the actual costs of storing the proposed ordinance.

(iii) Filing with the county may be completed by the submission of an electronic copy of the ordinance as follows:

(A) The county has discretion on whether to permit receipt by the office storing municipal ordinances.

(B) Upon request by the township, the county shall notify the township of the method by which electronic copies may be submitted.

(C) The county may store the ordinance electronically if the public is able to access the electronically stored township ordinances during regular business hours at the office or at a remote location.

(D) The county may not charge a fee for electronic storage.

(E) The township shall retain a printed copy of the email and ordinance as transmitted.

(3) The date of the filing with the county under paragraph (2) shall not affect the effective date of the ordinance and shall not be deemed a defect in the process of the passage of the ordinance.

(c) Notice of amendments.--If substantial amendments are made in the proposed ordinance, before voting upon passage, the board of commissioners must, within at least 10 days before passage, readvertise in one newspaper of general circulation the subject matter and a brief summary stating the provisions in reasonable detail and a summary of the amendments. A copy of the full text of the amended proposed ordinance shall be retained where township records are kept.

(d) Maps.--If a map, plan or drawing is passed as part of an ordinance, instead of publishing the map, plan or drawing as part of the proposed ordinance, the board of commissioners may refer in publishing the proposed ordinance to the place where the map, plan or drawing is on file and may be examined.
73 Pa.C.S. § 5534 — PA Code / Title 73 / Chapter 55 / Section 5534
Streets having more than half of their width within township.
Status: in_force

(a) General rule.--If a street, more than one-half the width of which is within the limits of the township, divides the township from any other municipal corporation, the street may be improved by the township in the same manner as if the street were entirely located within the limits of the township.

(b) Assessment.--The property, within or outside the township, that abuts the street and benefits from the improvements may, for a depth of 150 feet plus one-half the width of the street measured from the street's center line, be assessed for any and all municipal improvements to or on the street in the same manner as the property would be assessed under the provisions of this chapter if the property were entirely located within the limits of the township.
73 Pa.C.S. § 7503 — PA Code / Title 73 / Chapter 75 / Section 7503
Changes in Uniform Construction Code.
Status: in_force

The board of commissioners may pass an ordinance to equal or exceed the minimum requirements of the Uniform Construction Code in accordance with and subject to the requirements of section 503 of the Pennsylvania Construction Code Act. An ordinance exceeding the provisions of the Uniform Construction Code must meet the standards provided in section 503(j)(2) of the Pennsylvania Construction Code Act.
73 Pa.C.S. § 2913 — PA Code / Title 73 / Chapter 29 / Section 2913
Procedure on appeals.
Status: in_force

(a) Investigatory burden.--In a proceeding upon an appeal from a report of the auditors, the accounts of the officer or person in question may be investigated de novo. The officer or person whose accounts are involved in the appeal shall have the burden of establishing the right to credits claimed by the officer or person. The opposing party in the appeal may use any facts, figures or findings of the report of the auditors as prima facie evidence against an officer or person whose accounts are involved in the appeal.

(b) Consolidated appeals.--If more than one appeal from the report of the auditors is heard, the court may on its own motion or shall, upon petition of an interested party, direct the several appeals be consolidated. Cross References. Section 2913 is referred to in section 2923 of this title.
73 Pa.C.S. § 2904 — PA Code / Title 73 / Chapter 29 / Section 2904
Completion, filing and publication of auditor's report and financial statement.
Status: in_force

(a) Audit.--The auditors shall complete the annual audit, settlement and adjustment prior to June 30.

(b) Publication.--The auditors shall, within 10 days after the completion of the report under subsection (c), publish, by advertisement in at least one newspaper of general circulation in accordance with the provisions of section 1107 (relating to legal advertising), concise financial information prepared or approved by the auditors and consistent with the audited financial statements for total assets, total liabilities and total net position at the end of the fiscal year and total revenue, total expenses and changes in total net position for that fiscal year and a reference to a place within the township where copies of the financial statements and accompanying auditors' report may be examined. If the full financial statements and accompanying auditors' report are not published, copies shall be supplied to the publishing newspaper when the request for publication is submitted.

(c) Form.--The annual auditors' report and annual financial statement shall be presented on a uniform form prepared and furnished as provided in section 4903 (relating to uniform financial report and forms).

(d) Requirements.--The auditors' report and financial statement shall be signed by all of the auditors, and the auditors' report shall be duly verified by the oath of one of the auditors. A secretary of the auditors shall file a copy of

the report with the secretary of the township, the clerk of the court or the prothonotary, as may be provided by local rules of court, the Department of Community and Economic Development and the Department of Transportation not later than June 30 of each year. A secretary of the auditors refusing or willfully neglecting to file the report commits a summary offense. If the failure to file the report within the period specified is due to the failure of one or more of the auditors to prepare the statement upon which the report is to be based, the auditor commits a summary offense.
73 Pa.C.S. § 3505 — PA Code / Title 73 / Chapter 35 / Section 3505
Surveys.
Status: in_force

The township engineer shall have the charge and direction of all surveys and regulations authorized by a law of this Commonwealth or an ordinance of the township.
73 Pa.C.S. § 1702 — PA Code / Title 73 / Chapter 17 / Section 1702
Term of office.
Status: in_force

Except if a vacancy in office occurs under section 1711 (relating to vacancies), officers shall hold office for the term for which the individual was elected. Officers shall not serve longer than the first Monday of January succeeding the municipal election at which a successor was elected.
73 Pa.C.S. § 1101 — PA Code / Title 73 / Chapter 11 / Section 1101
Short title of part.
Status: in_force

This part shall be known and may be cited as The First Class Township Code.
73 Pa.C.S. § 2701 — PA Code / Title 73 / Chapter 27 / Section 2701
Appointment of secretary and salary.
Status: in_force

The board of commissioners shall appoint a secretary to serve at the pleasure of the board and who may not be a member of the board. The secretary shall act as secretary of the board. The secretary's salary shall be fixed by ordinance or resolution.