8 Pa.C.S. § 1104 — PA Code / Title 8 / Chapter 11 / Section 1104
Appointments and incompatible offices.
Status: in_force

(a) General rule.--Unless there is incompatibility in fact, an elective or appointive officer of the borough shall be eligible to serve on any board, commission, bureau or other agency created by or for the borough or any borough office created or authorized by statute and may accept appointments under the statute.

(b) Prohibition.--

(1) Except as set forth in paragraph (2), no elected borough official of a borough with a population of 3,000 or more may serve as an employee of that borough.

(2) Paragraph (1) shall not apply to a borough official serving as an employee of that borough prior to the certification of the 2010 official census or a subsequent

latest official census which indicates an increase in the population of that borough to 3,000 or more.

(c) Multiple offices.--If there is no incompatibility in fact, appointees of council may hold two or more appointive borough offices, but no mayor or member of council may serve as borough manager, secretary or treasurer.

(d) Magisterial district judges.--No person holding the office of magisterial district judge may at the same time hold any elected or appointed borough office.

(e) Secretary and treasurer.--The offices of secretary and treasurer may be held by the same person if authorized by ordinance.

(f) Police officers and firefighters.--

(1) No police officer or firefighter may hold an elective office of the borough that employs the police officer or firefighter.

(2) No police officer or firefighter who is employed by a regional department, council of government or other cooperative venture may hold an elective office of any municipality that participates in the regional department, council of government or other cooperative venture.

(3) No police officer or firefighter may hold an elective office of the borough in which the police officer or firefighter resides if the department employing the police officer or firefighter is providing police or fire protection service to that borough by contract.

(g) Majority vote required.--All appointments to be made by the council shall be made by a majority of the members of council unless a different vote is required by statute.

(h) Construction.--Nothing contained in this section shall be construed to affect the eligibility of a borough official to hold any other public office or receive compensation. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (c). Special Provisions in Appendix. See sections 4(3)(viii) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability. Cross References. Section 1104 is referred to in sections 10A01, 1190 of this title.
8 Pa.C.S. § 231 — PA Code / Title 8 / Chapter 2 / Section 231
Procedure.
Status: in_force

(a) Petition.--The court of common pleas shall, upon petition of at least 10% of the registered electors of any city of the third class, order an election to be held at the next

general, municipal or primary election occurring at least 90 days after the presentation of the petition.

(b) Vote.--The electors shall, at the election under subsection (a), vote for or against the change of the charter of the city to a borough charter and the adoption of the borough form of government.

(c) Contents.--A petition under subsection (a) shall indicate all of the following:

(1) The inhabitants of the city desire to do all of the following:

(i) Change the charter of the city to a borough charter.

(ii) Be governed by the laws of the Commonwealth relating to boroughs.

(2) The city has had a city form of government for a period of at least five years.

(3) The name of the proposed borough.

(d) Required electors.--The number of registered electors required to sign the petition shall be determined as of the date the petition is filed. Cross References. Section 231 is referred to in section 232 of this title.
8 Pa.C.S. § 816 — PA Code / Title 8 / Chapter 8 / Section 816
Election of members of council where wards abolished.
Status: in_force

(a) Abolishing.--If council, by ordinance, abolishes all wards in a borough, the ordinance shall provide for the election of seven members of council at large for the borough in a manner as not to interfere with the terms of those ward members of council previously elected. If there were previously:

(1) Seven members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect three or four members of council, as the case may be, the number to be elected shall be that which, when added to the number of members of council already in office whose terms are not about to expire, shall bring the membership of the council to seven. The newly elected members of council shall serve for terms of four years from the first Monday of January following the first municipal election, except that, in any case where the election of four members of council shall be required to bring the membership of council to its full complement of seven and only three members of council are elected at the municipal election in the other boroughs of the Commonwealth not divided into

wards, three members of council shall be elected for four-year terms and one for a two-year term. At every succeeding municipal election, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the municipal election.

(2) Eight or more members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect a sufficient number of members of council that, when added to the number of members of council already in office whose terms are not about to expire, will bring the membership of the council to seven. The following shall apply:

(i) The newly elected members of council shall serve for terms of four years from the first Monday of January following the first municipal election. At the second municipal election after the effective date of the ordinance, the electors shall elect a sufficient number of members of council, that, when added to the number of members of council elected at the previous municipal election, shall bring the membership of council to its full complement of seven. Some of the members of council elected at the second municipal election shall serve for a four-year term following the first Monday of January following the municipal election, and the remainder shall serve for a two-year term, in an amount to bring the number to be elected in the borough in succeeding municipal elections into conformity with the number elected in the other boroughs of the Commonwealth not divided into wards.

(ii) In the third and all subsequent municipal elections following the effective date of the ordinance, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the municipal election.

(iii) In any borough in which, under the ward system of electing members of council, there shall be seven or more members of council whose terms shall not expire on the first Monday of January following the first municipal election after the effective date of the ordinance, no members of council shall be elected at the first municipal election, and the members of council remaining in office shall constitute the council until the first Monday of January following the second municipal election following the effective date of the ordinance.

(iv) At the second municipal election, seven members of council shall be elected in the borough, some to serve for a four-year term of office from the first Monday of January following the second municipal election, and the remainder to serve for a two-year term, in an amount to bring the number of members of council to be elected in the borough in succeeding elections into conformity with the number elected in other boroughs of the Commonwealth not divided into wards.

(v) At the third and all subsequent municipal elections following the effective date of the ordinance, the electors shall elect three or four members of council, as the case may be, each to serve for a term of four years from the first Monday of January following the subsequent municipal election.

(3) Six or fewer members of council, the ordinance shall provide that, at the first municipal election, the electors shall elect a sufficient number of members of council that, when added to the number of members of council already in office whose terms are not about to expire, shall bring the membership of council to its full complement of seven. Of the newly elected members of council, either three or four, as necessary to bring the number of members of council to be elected in the borough in succeeding municipal elections into conformity with the number elected in other boroughs of the Commonwealth not divided into wards, shall be elected for four-year terms of office, beginning the first Monday of January following the first municipal election, and the balance shall be elected for two-year terms. At the second municipal election following the effective date of the ordinance and at all subsequent municipal elections, the electors shall elect three or four members of council, as the case may be, to serve for a term of four years from the first Monday of January following the subsequent municipal election.

(b) Vacancies.--At any time following the effective date of the ordinance, when a vacancy may occur in the office of a member of council originally elected or appointed from a particular ward, the individual appointed to fill the vacancy shall not be required to be a resident of the area formerly comprising the ward but shall be otherwise qualified for office as provided in section 801 (relating to eligibility).
8 Pa.C.S. § 1121 — PA Code / Title 8 / Chapter 11 / Section 1121
Council's powers concerning police.
Status: in_force

(a) Establishment of police department.--Council may, by ordinance, establish a police department. If council establishes a police department, the following shall apply:

(1) Council may appoint police officers, subject to
8 Pa.C.S. § 1734 — PA Code / Title 8 / Chapter 17 / Section 1734
Acceptance and dedication of streets.
Status: in_force

(a) Accept an opened street.--A borough may, by ordinance, accept an opened street not previously dedicated to or laid out by the borough by following the procedure set forth in section 1731 (relating to authority to open and vacate streets and procedure) or 1732 (relating to petition for opening or vacating street and action thereon), and the effect of the acceptance

shall be the same as of opening the street. No street may be accepted unless the street connects with at least one other previously opened street or State highway.

(b) Prohibition.--No borough may acquire a right in or responsibility for a street privately constructed until dedication of the street has been presented to and accepted by the borough and until the dedication has been recorded in the county office for the recording of deeds.
8 Pa.C.S. § 1401 — PA Code / Title 8 / Chapter 14 / Section 1401
Power to make contracts.
Status: in_force

(a) Authority of borough.--Each borough may make contracts for lawful purposes and for the purposes of carrying into execution this part and laws of this Commonwealth.

(b) Contracts and purchases.--Except as otherwise specifically provided in this title, all contracts and purchases must be made with and from the lowest qualified and responsible bidder. In awarding contracts and making purchases, council has the right to take into consideration such factors as the availability, cost and quality of service and may establish prequalification standards for contracts and purchases. A prequalification standard must be reasonably designed to assist council in determining the ability of a bidder to successfully complete a contract or purchase.

(c) Electronic submission of bids.--A borough may permit the electronic submission of bids and may receive bids electronically for competitively bid purchases and contracts pursuant to 62 Pa.C.S. Ch. 46 (relating to electronic bidding by local government units).
8 Pa.C.S. § 3104 — PA Code / Title 8 / Chapter 31 / Section 3104
Duties of board secretary.
Status: in_force

The board secretary has the following duties:

(1) To maintain, under 53 Pa.C.S. Ch. 13 Subch. F (relating to records), the minutes of the proceedings of the board and keep accurate accounts of the expenditures of the board.

(2) To draw requisitions for the payment of money on account of the board from appropriations made by the council to the board and present the requisitions to the president of the board for the president's approval.

(3) To render statements of the expenditures to the board at each stated meeting or as frequently as the board requires.

(4) To prepare, under the direction of the board, the annual report to the council and the estimate of appropriation needed for the ensuing year.

(5) To report to the department at statutory or regulatory intervals the cases of communicable disease reported to the board on the form provided by the department and make an annual report to the department.

(6) To perform other duties required by the board.
8 Pa.C.S. § 1170 — PA Code / Title 8 / Chapter 11 / Section 1170
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:

"Fire apparatus operator." A person who operates fire apparatus and devotes his normal working hours to operating any piece of fire apparatus or other services connected with fire protection work and who is paid a stated salary or compensation for the work by the borough.

"Police force." A police force organized and operating as prescribed by law, the members of which devote their 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 by the borough. As used in this subchapter, the term shall not include any of the following:

(1) Special police appointed by the mayor to act in emergencies.

(2) A person appointed solely for parking meter enforcement duties.

(3) Special school police.

(4) Extra police serving from time to time or on an hourly or daily basis.

(5) An auxiliary policeman appointed under the act of January 14, 1952 (1951 P.L.2016, No.561), entitled "An act providing for supplementing the police forces of cities, boroughs, towns and townships, for the appointment, powers and control of auxiliary police therein, and for the transfer during disasters and emergencies of such auxiliary police, members of the regular police forces, and police equipment thereof."
8 Pa.C.S. § 206 — PA Code / Title 8 / Chapter 2 / Section 206
Farmlands.
Status: in_force

If, in any petition for the incorporation of a borough, the boundaries fixed by the petitioners embrace lands exclusively used for the purposes of farming, the court may, if it deems the land does not properly belong to the proposed borough and at the request of any party aggrieved, change the boundaries to exclude the land used for farming.
8 Pa.C.S. § 2721 — PA Code / Title 8 / Chapter 27 / Section 2721
Shade tree commission.
Status: in_force

(a) Establishment.--Council, by ordinance, may establish a shade tree commission and delegate to the shade tree commission the exclusive care, custody and control of shade trees and authorization to plant, transplant, remove, maintain and protect shade trees on the streets and highways in the borough.

(b) Commission authority.--The shade tree commission may make and enforce regulations for the care and protection of shade trees. No regulation may be in force until it has been approved by the council and enacted as an ordinance.

(c) Park commission.--If in any borough there exists a commission for the care of public parks, the council may, by ordinance, confer on the park commission all the powers and all the duties prescribed by this chapter for a shade tree commission.
8 Pa.C.S. § 2461 — PA Code / Title 8 / Chapter 24 / Section 2461
Ordinance.
Status: in_force

(a) General rule.--Council may, by ordinance, require any owner of property to connect with and use a water system of the borough or municipal authority or a joint water board in either of the following cases:

(1) Except as provided in subsection (b), if the property owner's principal building is located within 150 feet of a water system or any part or extension of the system.

(2) If the property owner's principal building has no supply of water which is safe for human consumption.

(b) Exception.--A property owner who after July 16, 2012, is subject to mandatory connection under subsection (a)(1) shall not be required to connect to the water system in accordance with subsection (a) if all of the following conditions exist:

(1) The water system or part or extension of the system that is within 150 feet of the principal building was in existence on July 16, 2012.

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

(3) Prior to July 16, 2012, the property owner was not required to connect to the existing system.

(c) Backflow prevention.--A borough may require any owner of property to install and maintain a backflow prevention device based on the degree of potential hazard of the connected property in accordance with the Pennsylvania Construction Code and regulations promulgated under that act.

(d) Penalties.--A borough may assess penalties for the violation of ordinances pertaining to water connections or backflow prevention devices.
8 Pa.C.S. § 2062 — PA Code / Title 8 / Chapter 20 / Section 2062
Rental amount.
Status: in_force

(a) Included amounts.--The monthly, quarterly or annual rental may include:

(1) The amount expended monthly, quarterly or annually by the borough in maintenance, repair, alteration, inspection, depreciation or other expense of the sanitary sewer, sewer system or sewage treatment works.

(2) Interest on money expended or borrowed by the borough in the construction of the sanitary sewer, sewer system or sewage treatment works or in the acquisition, enlargement or extension of the sanitary sewer or sewer system.

(3) An amount sufficient for the amortization of debt incurred by the borough for the purpose of construction of a sanitary sewer, sewer system or sewage treatment works or for the purpose of acquisition, enlargement or extension of a sanitary sewer or sewer system.

(b) Apportionment.--The monthly, quarterly or annual amount or fixed sum shall be apportioned equitably among the properties served by the sanitary sewers, sewer system or sewage treatment works.
8 Pa.C.S. § 24A05 — PA Code / Title 8 / Chapter 24 / Section 24A05
Additional contracting authority.
Status: in_force

(a) Additional contracting authority.--In addition to the authority provided under section 24A02 (relating to general powers), a borough that, on October 27, 2010, owned or operated electric generation or distribution facilities and a borough that is a member of a nonprofit membership corporation may contract with the nonprofit membership corporation for the following:

(1) The development of electric power and associated energy, including the conduct of investigations or studies necessary to determine the feasibility and cost of additional sources and supplies of electric power and associated energy.

(2) The purchase, sale, exchange, interchange, wheeling, pooling or transmission of electric power and associated energy or the right to the capacity from sources and projects in this Commonwealth or another state for a period not to exceed 50 years.

(b) Contract requirements.--A contract under subsection

(a)(2) shall include the purpose of the contract, the duration of the contract and available procedures to terminate the contract subsequent to the repayment of all indebtedness secured under the contract.

(c) Minimum quantity of electric power and energy.--If a borough is a member of a nonprofit membership corporation, a contract under subsection (a)(2) may, if specifically set forth in the contract, obligate the borough to:

(1) Take and pay for a minimum quantity of electric power and associated energy if the power and energy are available for delivery.

(2) In connection with a project owned by the nonprofit membership corporation or in which the nonprofit membership corporation obtains an undivided ownership interest, take or pay for a minimum amount of electric power and energy.

(3) Pay for electric power and energy only if utilized by the borough.

(d) Applicability of minimum requirements.--

(1) The authority under subsection (c)(1) shall apply whether or not the borough accepts delivery of the power and energy.

(2) The authority under subsection (c)(2) shall apply notwithstanding the suspension, interruption, interference or reduction or curtailment of the output of the project or the electric power and energy contracted for and whether or not:

(i) the electric power and energy is available for delivery to the borough; or

(ii) the borough accepts delivery of the electric power and energy.

(e) Take-or-pay or take-and-pay arrangements.--No borough may be obligated under a take-or-pay or take-and-pay arrangement entered into with a nonprofit membership corporation in which the borough maintains membership unless that obligation is expressly authorized by an act of the council.

(f) Restrictions.--A nonprofit membership corporation shall not:

(1) Condition membership in the nonprofit membership corporation on the inclusion of any take-or-pay or take-and-pay obligations in a contract under subsection

(a)(2).

(2) Except as set forth in subsection (g), require take-or-pay or take-and-pay obligations in a contract with a borough unless the contract meets the criteria of subsection (c)(1) or (2).

(g) Future contracts.--A borough that is a member of a nonprofit membership corporation may enter into future power supply contracts, contract renewals or contract extensions with the nonprofit membership corporation under subsection (c)(3):

(1) with no take-or-pay or take-and-pay obligations as permitted by subsection (c)(1) and (2); and

(2) without prejudice or discrimination as compared to any other borough which chooses to enter into contracts permitted by subsection (c)(1) and (2) with the nonprofit membership corporation.

(h) Future power supply contract terms.--In order to carry out subsection (g), a nonprofit membership corporation which provides or offers electric power and associated energy to a member borough in this Commonwealth under subsection (a)(2) shall offer, to all of its member boroughs in this Commonwealth, future power supply contract terms, contract renewals or contract extensions under subsection (c)(3) on a comparable and nondiscriminatory basis and with similar terms and conditions to future power supply contract terms, contract renewals or contract extensions that would be appropriate under subsection

(c)(3) which the nonprofit membership corporation contemporaneously offers to its members in other states.

(i) Payments.--All obligations under a contract under subsection (a)(2) shall be paid from revenues derived from the operation of the borough's electric system, and payments shall be an operating expense of the borough's electric system.

(j) Obligations of other entities.--If explicitly set forth in a contract under subsection (a)(2), a borough may agree to assume, prorate or otherwise become liable for the obligations of another borough of this Commonwealth or of a political subdivision of another state that is a member of the nonprofit membership corporation if the borough or other political subdivision defaults in the payment of its obligations for the purchase of the electric power and associated energy. The contract may include provisions to permit a borough to succeed to the rights and interests of the defaulting borough or political subdivision to purchase electric power and associated energy. A borough's liability for the obligations of a defaulting borough of this Commonwealth or a political subdivision of another state shall not exceed 25% of a borough's initial nominal entitlement to electric power and associated energy under the contract.

(k) Pledge of borough property prohibited.--None of the obligations under the contract may constitute a legal or equitable pledge, charge, lien or encumbrance on any property of the borough or on any of its income, receipts or revenues, except revenues of its electric system. The full faith and

credit and the taxing power of the borough shall not be pledged for the payment of an obligation under the contract.

(l) Construction.--This section is intended to add to the powers and rights of a borough, and nothing in this section may be construed to limit either the general or specific powers or rights of a borough set forth in this title.

(m) Definition.--As used in this section, the term "nonprofit membership corporation" means an entity the membership of which:

(1) consists solely of Pennsylvania boroughs, such as a consortium, buying group or municipal power agency under section 24A04 (relating to municipal power agencies); or

(2) consists of Pennsylvania boroughs and political subdivisions of another state or states.
8 Pa.C.S. § 1004 — PA Code / Title 8 / Chapter 10 / Section 1004
Failure of council to organize.
Status: in_force

If the council of any borough fails to organize within ten days from the time prescribed in this chapter, the court of common pleas, upon the petition of at least ten registered electors of the borough verified by the affidavit of one of the petitioners, shall issue a rule upon the delinquent members of council to show cause why their seats should not be declared vacant. The rule shall be returnable not less than five days from the time of its issue, and, after hearing, the court may declare the seats of the members of council responsible for the failure to organize vacant and shall appoint others in their place, who shall hold office for the respective unexpired terms.
8 Pa.C.S. § 2001 — PA Code / Title 8 / Chapter 20 / Section 2001
Power to lay out and construct.
Status: in_force

(a) General rule.--

(1) Upon enactment of an ordinance, boroughs may lay out and construct sanitary sewers and branches of sanitary sewers in streets and on public or private property and may construct sewage treatment works on land owned or acquired for those purposes. Boroughs may pay the costs and expenses of sanitary sewer systems and treatment works out of borough funds or may assess the costs and expenses pursuant to
8 Pa.C.S. § 2051 — PA Code / Title 8 / Chapter 20 / Section 2051
Ordinances to require sanitary sewer connections.
Status: in_force

A borough may, by ordinance, require any owner of property benefited, improved or accommodated by a sanitary sewer to make connections with the sanitary sewer, in the manner as the borough may order, for the purpose of discharge of drainage or waste matter as the borough may specify. All connections

required shall be uniform. The owner shall be given at least 45 days' notice of any ordinance requiring a sanitary sewer connection. Upon failure of the owner to make the connection, the borough may make the connection and collect the cost from the owner by a municipal claim or by an action of assumpsit. The borough may, by penalties, enforce any ordinance it enacts with reference to any sanitary sewer connections.
8 Pa.C.S. § 107 — PA Code / Title 8 / Chapter 1 / Section 107
Acceptance.
Status: in_force

(a) Petition.--The following shall apply:

(1) A borough incorporated or acting under any local or special act may surrender the provisions of its special and local acts in their entirety or as they are inconsistent with this part and be governed by this part by presenting a petition to the court of common pleas of the county setting forth the desire of the borough to accept the provisions of this part.

(2) The petition under paragraph (1) shall indicate whether it is the desire of the borough to surrender all of its special and local acts or to retain its special and local acts that are not inconsistent with this part.

(3) If the petition indicates a desire to retain local or special acts, it shall indicate the local or special acts to be retained. The petition shall be made by the council or by at least 10% of the registered electors of the borough as of the date the petition is filed.

(b) Hearing.--The following shall apply:

(1) Upon the presentation of a petition under subsection

(a), the court shall set and provide notice of a hearing date. An inhabitant of the borough may remonstrate against the granting of the petition at the hearing.

(2) If the court grants the petition, the decree of the court shall be recorded in the office for the recording of deeds, and the borough shall be subject to this part and any local or special acts retained as set forth in the petition. On and after the date of the decree, any local or special act applicable to the borough shall no longer apply to the borough if it is inconsistent with this part or has been surrendered.

(c) Force and effect.--If a borough accepts this part under this section, all of the following shall continue with the same force and effect as if no acceptance had been made:

(1) Liabilities incurred.

(2) Rights accrued or vested.

(3) Obligations issued or contracted.

(4) Suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or to punish any offense committed prior to the acceptance.

(5) Ordinances. Cross References. Section 107 is referred to in section 107.1 of this title.
8 Pa.C.S. § 1124 — PA Code / Title 8 / Chapter 11 / Section 1124
Suspension by mayor.
Status: in_force

(a) General rule.--In addition to the powers of council to suspend police officers, the mayor may, for cause and without pay, suspend any police officers until the succeeding regular meeting of the council at which time or later the council may, subject to Subchapter J (relating to civil service for police and fire apparatus operators), if they are in effect at the time, suspend, discharge, reduce in rank or reinstate with pay the police officers.

(b) Reinstatement.--

(1) A police officer suspended by the mayor may not be reinstated by council at a date earlier than ten working days from the date fixed by the mayor for the suspension to commence.

(2) In any case in which the council has reinstated a police officer after having been suspended by the mayor, the mayor shall not suspend the police officer for reasons:

(i) arising from the same act for which the first suspension was made; or

(ii) that the council, in reinstating the police officer, determined not to be grounds for suspension.
8 Pa.C.S. § 503 — PA Code / Title 8 / Chapter 5 / Section 503
Commissioners and report (Repealed).
Status: repealed

2022 Repeal. Section 503 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
8 Pa.C.S. § 3301.1 — PA Code / Title 8 / Chapter 33 / Section 3301.1
Ordinances and resolutions.
Status: in_force

(a) General rule.--Council shall enact ordinances in accordance with this part and the laws of this Commonwealth in which the powers of the borough shall be exercised as deemed beneficial to the borough and to provide for the enforcement of the powers of the borough. Council may amend, repeal or revise existing ordinances by the enactment of subsequent ordinances.

(b) Legislative acts.--Every legislative act of council must be by ordinance. Legislative acts shall include, but not be limited to:

(1) Tax ordinances.

(2) (Deleted by amendment).

(3) Capital expenditures not payable out of current funds.

(4) Legislation doing any of the following:

(i) Exercising the police power of the borough.

(ii) Regulating land use, development and subdivision.

(iii) Imposing building, plumbing, electrical, property maintenance, housing and similar standards.

(iv) Regulating the conduct of a person or entity within the borough and imposing penalties for violation of the regulated conduct.

(5) Imposing assessments on benefited property for public improvements in accordance with Chapter 21A (relating to assessments and charges for public improvements).

(c) Resolutions.--Council shall adopt resolutions in accordance with this part and the laws of this Commonwealth. Resolutions may be adopted for any purpose, including, but not limited to, the following:

(1) Ceremonial or congratulatory expressions of the good will of the council.

(2) Statements of public policy of the council.

(3) Approval of formal agreements of the borough, except for agreements arising under an established purchasing system of the borough.

(4) Approval, if required, of administrative rules, regulations and bylaws arising under State statutes or borough ordinances.

(5) The filling of borough-appointed positions and of vacancies of elected officials, except as otherwise provided.

(6) Annual tax millage rate in accordance with section 1302(a) (relating to tax levy).

(d) Real and personal property.--Council's approval of the acquisition, disposition and leasing of real or personal property shall be by adoption of a resolution in a manner consistent with this part. (July 2, 2019, P.L.351, No.51, eff. 60 days; Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 deleted subsec. (b)(2). 2019 Amendment. Act 51 amended subsec. (c). Special Provisions in Appendix. See section 4(3)(xvii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 3301.1 is referred to in section 3301.5 of this title.
8 Pa.C.S. § 104 — PA Code / Title 8 / Chapter 1 / Section 104
Constitutional construction.
Status: in_force

The provisions of this part are severable. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application. Cross References. Section 104 is referred to in section 1302.1 of this title.
8 Pa.C.S. § 233 — PA Code / Title 8 / Chapter 2 / Section 233
Borough government.
Status: in_force

(a) City.--When the record of the proceedings under section 232 (relating to filing, notice and return) is recorded, the city form of government shall continue in operation until the first Monday of January after the first municipal election occurring at least 90 days after the recording of the record.

(b) Borough.--After the city form of government is no longer in operation under subsection (a), the borough government shall be organized by the officers elected at the municipal election in accordance with section 805 (relating to election after creation).
8 Pa.C.S. § 3109 — PA Code / Title 8 / Chapter 31 / Section 3109
Expenditures.
Status: in_force

(a) Estimate.--The board or the health officer shall submit to council, before commencement of the borough's fiscal year, an estimate of the probable expenditures of the board or the health officer during the ensuing fiscal year.

(b) Appropriation.--Council shall make appropriations based on the estimate as deemed necessary.

(c) Report.--The board or the health officer shall, each January, submit a report to council on:

(1) the appropriation and the expenditures for the preceding fiscal year; and

(2) information on subjects relative to the sanitary conditions or requirements of the borough.
8 Pa.C.S. § 1059.1 — PA Code / Title 8 / Chapter 10 / Section 1059.1
Completion, filing and publication of auditor's report and financial statement.
Status: in_force

(a) Report.--The auditors shall complete the annual audit, adjustment and settlement as soon as possible after the end of the fiscal year. The auditors shall, within ten days after completing the annual audit, publish once, in at least one newspaper of general circulation, 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 borough where copies of the financial statements and accompanying audit

report may be examined. If the full financial statements and accompanying audit report are not published, copies shall be supplied to the publishing newspaper when the request for publication is submitted.

(1) (Deleted by amendment).

(2) (Deleted by amendment).

(3) (Deleted by amendment).

(4) (Deleted by amendment).

(5) (Deleted by amendment).

(6) (Deleted by amendment).

(7) (Deleted by amendment).

(8) (Deleted by amendment).

(b) Details.--The auditors shall prepare a report which shall contain an audit of the accounts of the last fiscal year and shall also show a complete statement of the financial condition of the borough, giving in detail all of the following:

(1) The actual indebtedness.

(2) The amount of funded debt.

(3) The amount of floating debt.

(4) The valuation of taxable property in the borough.

(5) The assets of the borough with their character and value.

(6) The date of maturity of the respective forms of funded debt of the borough.

(b.1) Filing of report and penalties.--The report shall be prepared no later than 90 days after the close of the fiscal year. It shall be the duty of the secretary of the auditors to file a copy of the report with the secretary of the borough, with the clerk of the court of common pleas of the county or the prothonotary under local rules of court, with the Department of Transportation and with the Department of Community and Economic Development no later than 90 days after the close of the fiscal year. Any 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 any or all of the auditors to prepare the statement upon which the report is to be based, the auditor commits a summary offense.

(c) Service of report.--The secretary of the auditors shall serve, by registered or certified mail, notice to every elected or appointed official against whom a balance or shortage appears in the report required under subsection (b). The notice shall be served prior to the filing of the report and shall indicate the amount of the balance or shortage and a brief description of how the balance or shortage was derived. The notice shall indicate that the balance or shortage is deemed a surcharge under section 1059.3 (relating to surcharge by auditors) and shall apprise the officer served of the right to appeal under section 1059.4 (relating to appeals from audit). Service of notice is complete when the notice is properly addressed, postage prepaid and mailed. Failure to receive the notice required by this subsection shall not constitute grounds for relief from any judgment entered under this chapter.

(d) Presentation.--The annual auditors report and the annual financial statement shall be presented on a uniform form prepared by a committee as provided in Chapter 13 (relating to taxation and finance). (Oct. 24, 2018, P.L.876, No.135, eff. 60 days) 2018 Amendment. Act 135 amended subsecs. (a) and (b.1).
8 Pa.C.S. § 1201 — PA Code / Title 8 / Chapter 12 / Section 1201
General powers.
Status: in_force

A borough may:

(1) Have succession perpetually by its corporate name.

(2) Sue and be sued and complain and defend in the courts of this Commonwealth.

(3) Make and use a common seal and alter the same at its discretion.

(4) 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 borough, subject to the restrictions, limitations or exceptions as set forth in this chapter.
8 Pa.C.S. § 1122 — PA Code / Title 8 / Chapter 11 / Section 1122
Police serving under cooperative agreement or contract.
Status: in_force

(a) General rule.--If a borough enters into a cooperative agreement or contract with any municipal corporation, regional police force or other governmental entity created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) for the furnishing or receiving of police protection as authorized by section 1202(24) (relating to specific powers), the police force of the municipal corporation, regional police force or other governmental entity furnishing the police protection shall be appointed and accepted as the police force of the borough receiving the police service by resolution of the council.

(b) Employment status.--Police officers of the police force of a municipal corporation, regional police force or other governmental entity so appointed shall, insofar as civil service and pensions are concerned, be deemed to be appointees and employees only of the municipal corporation, regional police force or other governmental entity furnishing their service and making the original appointment. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (a).
8 Pa.C.S. § 1311 — PA Code / Title 8 / Chapter 13 / Section 1311
Amending budget and notice.
Status: in_force

During the month of January next following a municipal election, the council of a borough may amend the budget and the levy and tax rate to conform with its amended budget. A period

of ten days' public inspection at the office of the borough secretary of the proposed amended budget, after notice by the borough secretary to that effect is published once in a newspaper of general circulation, must intervene between the proposed amended budget and its adoption. An amended budget must be adopted by council on or before the 15th day of February.
8 Pa.C.S. § 2805 — PA Code / Title 8 / Chapter 28 / Section 2805
Transfer from company to borough.
Status: in_force

(a) Judicial action.--

(1) Upon the petition of an incorporated cemetery company and the owners of a majority of the taxable real estate in the borough, the court of common pleas may authorize the transfer of a cemetery to the borough where the cemetery is located or is adjacent to the borough.

(2) A copy of the court order under paragraph (1) shall be filed with the recorder of deeds.

(b) Cost.--The transfer shall be made without cost to the borough.

(c) Effect.--Upon transfer, the following apply:

(1) The borough shall exercise the powers and privileges of the incorporated company.

(2) The borough may do all of the following:

(i) Purchase up to 30 acres of land within or adjacent to the borough limits for the extension of the cemetery;

(ii) Pay for the purchase under subparagraph (i) by:

(A) sale of lots or otherwise; or

(B) any means other than taxation.

(iii) Lay out lots purchased and alter the original plot of the cemetery.

(iv) Dispose of the grounds in the same manner as the incorporated company could have done.

(d) Deeds.--

(1) A deed for a lot, made by the borough, shall have the same validity as the deed of the incorporated cemetery company.

(2) The borough may make a deed to a person that, prior to transfer under this section:

(i) purchased a lot; but

(ii) did not receive a deed.
8 Pa.C.S. § 32A05 — PA Code / Title 8 / Chapter 32 / Section 32A05
Reserved powers.
Status: in_force

(a) Power.--If, as a result of legislative action or final order of court which is not subject to appellate review, the Uniform Construction Code or any replacement code is no longer applicable in boroughs, a borough may:

(1) Enact and enforce ordinances to govern and regulate the following in relation to a building and housing, parts of a building and housing or a facility and service in or about a building or housing:

(i) Construction, reconstruction, alteration, extension, repair and conversion.

(ii) Maintenance.

(iii) Occupation.

(iv) Sanitation.

(v) Ventilation, heating, egress, lighting, electrical wiring, water supply, toilet facilities, drainage, plumbing, fire prevention and fireproofing, including limitations under which only buildings of noncombustible material and fireproofed roofs are used in construction.

(vi) Erection or substantial reconstruction.

(vii) Use and inspection.

(viii) Sanitation and inspection of land attached to a building or housing.

(2) Require that the approval of plans and specifications are secured before construction, reconstruction, alteration, extension, repair or conversion of a building is started.

(3) Appoint and determine the compensation of the following:

(i) Building inspectors.

(ii) Housing inspectors.

(iii) Property maintenance inspectors.

(iv) Fire prevention inspectors.

(v) Electrical inspectors.

(vi) Plumbing inspectors.

(4) In addition to penalties provided by an ordinance, institute actions to do any of the following:

(i) Prevent or restrain the unlawful construction, reconstruction, alteration, extension, repair, conversion, maintenance, use or occupation of property located within the borough.

(ii) Restrain, correct or abate a violation.

(iii) Prevent the use or occupancy of a building, housing or structure.

(b) Codes.--The following shall apply:

(1) A code under subsection (a)(1) may be combined or separately enacted or combined with a property maintenance code.

(2) A borough may adopt, amend or incorporate by reference any standard or nationally recognized code or any variations or changes or parts of the code as its ordinance as provided under section 32A04 (relating to property maintenance code).

(3) An ordinance under subsection (a)(1) may provide for reasonable fines and penalties for violations of the ordinance in compliance with Chapter 33 (relating to ordinances).

(c) Inspectors.--An inspector under subsection (a)(3) may enter, subject to constitutional standards in a similar manner as provided under section 3107 (relating to entry upon premises), and inspect a premises at reasonable hours and in a reasonable manner for the administration and enforcement of the borough's adopted codes or ordinances incorporating standard or nationally recognized codes. Any fees payable to inspectors under the ordinances shall be paid by the inspectors as soon as possible to the borough treasurer for the use of the borough.
8 Pa.C.S. § 2901 — PA Code / Title 8 / Chapter 29 / Section 2901
Licensing transient retail business.
Status: in_force

(a) Authority.--A borough may, by ordinance, regulate and license transient merchants engaged in any transient retail business within the borough.

(b) Licensure.--The following shall apply:

(1) An ordinance under this section may prohibit the transient retail business without a license and provide for enforcement by penalties or other appropriate means.

(2) Except as set forth in paragraph (3), an ordinance under this section may set a license fee which bears a reasonable relationship to the cost of administering the ordinance and regulating and inspecting the transient retail business.

(3) Paragraph (2) does not apply as follows:

(i) Except as set forth in paragraph (ii), the ordinance may not impose a license fee on the following transient merchants:

(A) A farmer selling the farmer's own produce.

(B) A person selling personal property if the proceeds of the sale are to be applied to a charitable or philanthropic purpose.

(C) A manufacturer or producer in the sale of any of the following:

(I) Bread. This subclause includes a bakery product. (II) Meat. This subclause includes a meat product. (III) Milk. This subclause includes a milk product. This subclause does not include ice cream or another frozen dessert.

(ii) The exception under this paragraph does not apply to a transient merchant that is also selling other personal property not excepted under subparagraph (i).

(c) Registration.--An ordinance under this section may require that a transient merchant exempt under subsection (b)(2) register with the borough and otherwise be subject to all other provisions of the ordinance.

(d) Definition.--As used in this section, the term "transient merchant" means a person engaged in transient retail business for the sale of personal property, whether the business is conducted from a fixed location within the borough or by an individual engaged in peddling, soliciting or the taking of orders from house to house.
8 Pa.C.S. § 1063 — PA Code / Title 8 / Chapter 10 / Section 1063
General powers and duties of controller.
Status: in_force

(a) General duties and powers.--The borough controller shall manage the fiscal affairs of the borough. The controller shall examine, audit and settle all accounts in which the borough is concerned either as debtor or creditor if provision for the settlement is made by law. If no provision or an insufficient provision has been made, the controller shall examine the accounts and report to the council the relevant facts and opinion on the accounts.

(b) Accounts.--In the examination, audit and settlement of accounts, the controller shall have all of the powers and perform all of the duties vested in and imposed on the auditors by this part. A person guilty of swearing or affirming falsely before the controller commits perjury. The controller shall make and file an annual report of the audit and make and publish the annual financial report in the same form and manner and at the same time as required in this part of the auditors of the borough.

(c) Scope.--The controller shall:

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

(2) audit their respective accounts and may at any time require from any of them a statement in writing of any money or property of the borough in their possession or under their control, showing the amount of cash on hand and the amount deposited in banks and banking institutions, together with the names of the institutions;

(3) have power to examine every account of a borough officer in any bank or banking institution to verify the accuracy of the statement of the borough, department, bureau or officer, and it shall be the duty of every department, bureau or officer, and of every bank and banking institution, its officers and agents, to furnish full information to the controller in relation to the account. No banker or banking institution, its officers or agents shall be subject to prosecution under other laws of this Commonwealth for disclosing information with respect to an account;

(4) immediately, upon the discovery of any default, irregularity or delinquency, report the discovery to the council; and

(5) audit and report upon the accounts of an officer upon the death, resignation, removal or expiration of the term of the officer.
8 Pa.C.S. § 32A04 — PA Code / Title 8 / Chapter 32 / Section 32A04
Property maintenance code.
Status: in_force

(a) Enactment.--Notwithstanding the primacy of the Uniform Construction Code, a borough may enact one of the following:

(1) A property maintenance ordinance and may incorporate a standard or nationally recognized property maintenance code, or any variations or changes or parts of the code, published and printed in book form, without incorporating the text of the code in the ordinance.

(2) A standard or nationally recognized property maintenance code or any variations or changes or parts as its property maintenance ordinance.

(a.1) Notice.--The following shall apply:

(1) An ordinance or any variations or changes or parts under subsection (a) shall not be required to be advertised after passage. Notice of the consideration of an ordinance or any variations or changes or parts under subsection (a) shall be published in a manner that will give adequate notice of its contents and a reference to the place within the borough where copies of the proposed property maintenance code may be examined or obtained.

(2) The notice required under paragraph (1) shall 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 to council.

(a.2) Inspection.--At least three copies of the ordinance adopted by council:

(1) shall be made available:

(i) for public inspection and use during business hours; or

(ii) to any interested party who pays the cost of copying; or

(2) may be furnished or lent without charge.

(a.3) Adoption by reference.--A property maintenance code adopted by reference shall:

(1) not be required to be recorded in or attached to an ordinance book; and

(2) be deemed to have been legally recorded if the ordinance by which the code was adopted by reference has been recorded with an accompanying notation stating where the full text of the code has been filed.

(a.4) Fines and penalties.--An ordinance under this section may provide for reasonable property fines and penalties for violations of the ordinance.

(a.5) Procedure.--The procedure under this section relating to the adoption of an ordinance under this section may be used in amending, supplementing or repealing any of the provisions of the ordinance.

(b) Property maintenance inspectors.--Council may appoint property maintenance inspectors who may enter, subject to constitutional standards in a similar manner as provided under section 3107 (relating to entry upon premises), and inspect any premises at reasonable hours and in a reasonable manner for the administration and enforcement of the borough's property maintenance code or ordinance under subsection (a). Any fees payable to property maintenance inspectors under the ordinance shall be paid by the property maintenance inspectors as soon as possible to the borough treasurer for the use of the borough.

(c) Legal actions.--In addition to the penalties provided by a property maintenance ordinance, a borough may institute appropriate actions or proceedings at law or in equity to prevent or restrain property maintenance violations.

(d) Construction.--The powers of a borough under this section shall be in addition to the powers provided under the following:

(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).

(3) 68 Pa.C.S. Ch. 21 (relating to land banks). Cross References. Section 32A04 is referred to in sections 32A05, 3321 of this title.
8 Pa.C.S. § 2904 — PA Code / Title 8 / Chapter 29 / Section 2904
Persons taking orders by samples.
Status: in_force

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

(b) Limitation.--Nothing in this section shall authorize a person to sell by retail to a person other than a dealer or merchant without payment of a license or permit fee.
8 Pa.C.S. § 1302 — PA Code / Title 8 / Chapter 13 / Section 1302
Tax levy.
Status: in_force

(a) Authority.--The council of the borough shall have power, by resolution for taxes levied at the same rate as or a rate lower than the previous fiscal year, and by ordinance if the tax rate increases from the previous fiscal year, to levy and collect annually a tax not exceeding 30 mills for general borough purposes, unless the council by majority action, upon due cause shown by resolution, petitions the court of common pleas, in which case the court may order a rate of not more than five mills additional to be levied and in addition any of the following taxes:

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

(2) To provide for pensions, retirement or the purchase of annuity contracts for borough employees, not exceeding one-half mill.

(3) To defray the cost and expenses of caring for shade trees as provided in section 2720.1 (relating to maintenance by borough and tax levy) and the expense of publishing the notice referred to in section 2720.1, not exceeding one-tenth mill.

(4) For lighting and illuminating the streets, highways and other public places, not exceeding eight mills.

(5) For gas, water and electric, not exceeding eight mills, additional millage permitted only following a favorable referendum on the matter held in accordance with the election laws of this Commonwealth.

(6) For the purchase of fire engines, fire apparatus and fire hose for the use of the borough or for assisting any fire company in the borough in the purchase, renewal or repair of any of its fire engines, fire apparatus or fire hose, for the purposes of making appropriations to fire companies both within and without the borough and of contracting with adjacent municipalities or volunteer fire companies in adjacent municipalities for fire protection, for the training of fire personnel and payments to fire training schools and centers or for the purchase of land upon which to erect a firehouse, or for the erection and maintenance of a firehouse or fire training school and center, not exceeding three mills. The following shall apply:

(i) The borough may appropriate up to one-half, but not to exceed one mill, of the revenue generated from a tax under this paragraph for the purpose of paying

salaries, benefits or other compensation of fire suppression employees of the borough or a fire company serving the borough. For any calendar year, the council may waive the appropriation limitation under this subparagraph by resolution.

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

(7) For building a firehouse, fire training school and center, lockup or municipal building, not exceeding two mills, additional millage permitted only following a favorable referendum on the matter held in accordance with the election laws of this Commonwealth.

(8) To establish and maintain a local library or to maintain or aid in the maintenance of a local library established by deed, gift or testamentary provision, for the use of the residents of the borough, in accordance with 24 Pa.C.S. Ch. 93 (relating to public library code).

(9)

(i) For the purpose of supporting ambulance, rescue and other emergency services serving the borough, not to exceed one-half mill, except as provided in subsection

(e).

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

(10) An annual tax sufficient for the purpose of maintaining and operating recreation places or for paying the borough's share of a joint action with one or more political subdivisions, in accordance with section 2701 (relating to general powers).

(b) Amount.--The taxes shall be levied on the dollar on the valuation assessed for county purposes, as now is or may be provided by law. All real property, offices, professions and persons made taxable by the laws of this Commonwealth for county rates and levies may, in the discretion of council, be taxed after the same manner for those purposes. An action on the part of the borough authorities fixing the tax rate for any year at a mill rate shall include a statement expressing the rate of taxation in dollars and cents on each $100 of assessed valuation of taxable property.

(c) Use of taxes for general purposes.--Nothing contained in this section may prevent the application of money received from taxes levied for general purposes to the purposes of paying interest and sinking fund charges on indebtedness.

(d) Proceeds.--The proceeds of all taxes for which additional millage is authorized under this section shall be kept in a separate fund and used only for the purposes provided under this section. The additional taxes authorized by referendum shall continue to be levied annually for the period provided under this section in the question submitted in the referendum and, if any taxes for which the question voted upon shall not have stated the duration of the tax, until the tax shall be abolished by vote of the electors in a subsequent referendum.

(e) Tax for ambulance and rescue squads.--The tax for supporting ambulance and rescue squads serving the borough shall not exceed the rate specified in subsection (a)(9) except when the question is submitted to the voters of the borough in the form of a referendum which will appear on the ballot in accordance with the election laws of the Commonwealth, in which case the rate shall not exceed two mills. The county board of elections shall frame the question to be submitted to the voters of the borough in accordance with the election laws of this Commonwealth. (July 2, 2019, P.L.351, No.51, eff. 60 days; Oct. 31, 2024, P.L.1153, No.141, eff. 60 days) 2024 Amendment. Act 141 amended subsec. (a)(6) and (9). 2024 Partial Repeal. Section 21(20) of Act 54 provided that subsecs. (a)(6)(i) and (ii) and (9) and (e) are repealed insofar as they are inconsistent with the addition of sections 8031(a) and 8032(a) of the act of April 9, 1929, P.L.343, No.176, known as The Fiscal Code. 2019 Amendment. Act 51 amended subsecs. (a) intro. par. and

(b). Special Provisions in Appendix. See section 4(3)(xi) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 1302 is referred to in sections 10A08, 2701, 3301.1 of this title.
8 Pa.C.S. § 1059.6 — PA Code / Title 8 / Chapter 10 / Section 1059.6
Procedure on appeals.
Status: in_force

(a) Evidence and burden.--In any proceeding upon an appeal from a report of the auditors, the accounts of the office or officers or the person, corporation, association, organization, committee or commission in question may be investigated de novo, and the burden shall be upon each officer, person, corporation, association, organization, committee or commission whose accounts are involved in the appeal of establishing the person's right to credits claimed by the person, but the opposing party in the appeal may use any facts, figures or findings of the report of the auditors as prima facie evidence against any officer or other entity.

(b) Multiple appeals.--If more than one appeal from a report of the auditors has been taken, the court shall, on its own motion or upon motion of any interested party, direct the several appeals to be disposed of in a single proceeding.
8 Pa.C.S. § 1067 — PA Code / Title 8 / Chapter 10 / Section 1067
Amount of contracts to be charged against appropriations.
Status: in_force

(a) General rule.--A contract involving appropriation of money shall designate the item of appropriation on which it is founded, and the estimated amount of the expenditure which shall be charged against the item, and certified by the borough controller on the contract, before it shall take effect as a contract. Payment required by the contract shall be made from the fund appropriated.

(b) Liability for excess.--If the controller certifies a contract in excess of the appropriation made, the borough shall not be liable for the excess, but the controller and the controller's sureties shall be liable for the same, which may be recovered in an action at law by the aggrieved contracting party.

(c) Certification by controller.--The controller shall certify contracts for the payment of which sufficient appropriations have been made.
8 Pa.C.S. § 1705 — PA Code / Title 8 / Chapter 17 / Section 1705
Entry on land to maintain marks and monuments.
Status: in_force

The council, its agents and employees, may enter upon any land or property and maintain marks and monuments, so far as the council may deem necessary, in carrying out its powers and duties under this chapter.
8 Pa.C.S. § 25B07 — PA Code / Title 8 / Chapter 25 / Section 25B07
Appropriations.
Status: in_force

Council may make appropriations to a political subdivision or municipal authority for the construction, purchase, improvement, repair, maintenance and operation of a facility for the collection, removal, disposal or marketing of municipal waste, recyclable materials or composted leaf and yard waste.
8 Pa.C.S. § 2432 — PA Code / Title 8 / Chapter 24 / Section 2432
Term of lease and rental.
Status: in_force

The lease term may be for a term of years and at a rental price as shall be agreed upon by the borough and the individual, copartnership, association or corporation.
8 Pa.C.S. § 1404 — PA Code / Title 8 / Chapter 14 / Section 1404
Personal interest in contracts or purchases.
Status: in_force

Elected and appointed borough officials and borough employees are restricted from an interest in borough contracts and purchases to the extent provided in 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure).
8 Pa.C.S. § 1102 — PA Code / Title 8 / Chapter 11 / Section 1102
Accounts.
Status: in_force

All officers and employees appointed by a council shall, if directed, render their accounts to the council for settlement.
8 Pa.C.S. § 1310 — PA Code / Title 8 / Chapter 13 / Section 1310
Adoption of budget.
Status: in_force

Upon completion of the budget containing the estimated receipts and expenditures, the council shall adopt the budget by motion of the council, which may not be later than December 31.
8 Pa.C.S. § 2457 — PA Code / Title 8 / Chapter 24 / Section 2457
Reports by commission.
Status: in_force

The commissioners shall make a monthly report to the council of the receipts and disbursements during the preceding month and annually make a detailed report of the condition of the water system. Both the monthly and annual reports shall be deemed to be public records.
8 Pa.C.S. § 502 — PA Code / Title 8 / Chapter 5 / Section 502
Petition and establishment of disputed boundaries (Repealed).
Status: repealed

2022 Repeal. Section 502 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
8 Pa.C.S. § 2206 — PA Code / Title 8 / Chapter 22 / Section 2206
Power to acquire storm sewer systems.
Status: in_force

(a) General rule.--A borough may, by ordinance, acquire ownership of storm sewers, culverts and the necessary inlets and appliances for surface, under surface and storm sewer drainage by purchase, by the exercise of eminent domain pursuant

to 26 Pa.C.S. (relating to eminent domain) or by gift from the owner or owners.

(b) Eminent domain.--In eminent domain proceedings, the viewers shall assess the costs and expenses of the storm sewer, culverts, inlets and appliances acquired by the borough upon the property or properties benefited according to benefits. Any deficiency that is not assessed upon the benefited property or properties shall be paid by the borough.
8 Pa.C.S. § 25B01 — PA Code / Title 8 / Chapter 25 / Section 25B01
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:

"Municipal authority." A body politic and corporate created under 53 Pa.C.S. Ch. 56 (relating to municipal authorities).

"Municipal waste." As defined in section 103 of the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act.
8 Pa.C.S. § 21A00 — PA Code / Title 8 / Chapter 21 / Section 21A00
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:

"Personal notice." The term shall mean and include notice upon the owner of a property either by personal service upon the owner or by certified mail to the owner at the owner's last known address or where service, after a reasonable attempt, shall not have been successfully made by either of these two methods, then by leaving notice at or upon the property.
8 Pa.C.S. § 1803 — PA Code / Title 8 / Chapter 18 / Section 1803
Establishment of grades.
Status: in_force

Any borough may establish a grade or grades for sidewalks, which may be separate and apart from the grade or grades established for the cartway or roadway. Cross References. Section 1803 is referred to in section 1805 of this title.
8 Pa.C.S. § 1009 — PA Code / Title 8 / Chapter 10 / Section 1009
Typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records.
Status: in_force

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

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

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

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

(c) Previously recorded documents.--All records previously recorded or transcribed in any manner authorized by this part at the time the records were recorded or transcribed are validated. Cross References. Section 1009 is referred to in section 1111 of this title.
8 Pa.C.S. § 2407 — PA Code / Title 8 / Chapter 24 / Section 2407
Power to supply water beyond limits of borough.
Status: in_force

If a borough maintains a water system, it shall be lawful for the borough to supply water to persons and corporations outside the limits of the borough, but the supply of water shall be subject to any applicable approval or regulation imposed by 66 Pa.C.S. Pt. I (relating to Public Utility Code). The privilege shall not conflict with the corporate rights of any water company or the rights of any other municipality or municipal authority.
8 Pa.C.S. § 1188 — PA Code / Title 8 / Chapter 11 / Section 1188
Promotions.
Status: in_force

(a) General rule.--A promotion shall be based on merit to be ascertained by an examination to be prescribed by the commission. All questions relative to a promotion shall be practical in character and fairly test the merit and fitness of persons seeking promotion.

(b) Notification of vacancy.--Council shall notify the commission of a vacancy in the police force or as a paid fire apparatus operator in the borough which is to be filled by promotion and shall request the certification of an eligibility list.

(c) Certification required.--

(1) The commission shall certify for each vacancy the names of three persons on the eligibility list who have received the highest average in the last preceding

promotional examination held within a period of two years preceding the date of the request for the eligibility list.

(2) If three names are not available, the commission shall certify the names remaining on the eligibility list.

(3) The council shall make an appointment from the names certified, based solely on the merits and fitness of the candidate, unless council makes objections to the commission regarding one or more of the persons so certified for any reason provided under section 1183 (relating to rejection of applicant and hearing).

(d) Increase in salary as promotion.--The council may determine in each instance whether an increase in salary constitutes a promotion. Cross References. Section 1188 is referred to in section 1181 of this title.
8 Pa.C.S. § 2063 — PA Code / Title 8 / Chapter 20 / Section 2063
Collection of rental.
Status: in_force

(a) General rule.--The monthly, quarterly or annual rental or charge or the fixed sum shall be authorized and collected as provided by general ordinances and, if levied and charged, shall be a lien on the properties charged from the date set forth in the ordinance. If the rental, charge or fixed sum is not paid after 30 days' notice, it may be collected by an action of assumpsit in the name of the borough against the owner of the property charged or by a lien filed in the nature of a municipal lien.

(b) Collection.--The council shall execute a warrant or warrants authorizing the collection of the monthly, quarterly or annual sewer rentals or charges, or the fixed sum, to the officer employed by council to collect the same. The officer shall have the authority now vested by law for the collection of borough taxes.
8 Pa.C.S. § 2454 — PA Code / Title 8 / Chapter 24 / Section 2454
Powers of commission.
Status: in_force

After organization, the commissioners shall take charge and control of the water system of the borough. The commission shall have the following powers:

(1) To appoint all necessary officers and agents and take from the officers and agents security for the faithful performance of their duties as the commission deems proper.

(2) To fix the salaries and wages of the officers and agents.

(3) To provide for the repair, extension, improvement and maintenance of the water system and the construction of a new water system.

(4) To collect water rents.

(5) To make and establish the rates and conditions upon which water will be furnished to applicants, subject to any applicable approval, regulation or control imposed by 66 Pa.C.S. Pt. I (relating to Public Utility Code).

(6) To make bylaws and regulations for the economic and efficient management of the water system, which shall not be inconsistent with any of the laws of this Commonwealth

or the rules and regulations of the Department of Environmental Protection. No bylaws or regulations shall become effective until they have been approved by the council and enacted as ordinances of the borough. Cross References. Section 2454 is referred to in section 2458 of this title.
8 Pa.C.S. § 2463 — PA Code / Title 8 / Chapter 24 / Section 2463
Water main tapping fees.
Status: in_force

(a) General rule.--A borough may, by ordinance, provide for charging a tapping fee calculated in accordance with 53 Pa.C.S. § 5607 (relating to purposes and powers) if the owner of any property connects the property with a water main constructed or acquired by the borough. The tapping fee shall be in addition to any charges assessed and collected against the property in the construction or acquisition of the water main by the borough.

(b) Refund.--If a water main or part or extension owned by a borough has been constructed by the borough at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the borough at the expense of the private person or corporation, the borough shall have the right to charge a tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and refund the

tapping fee or any part of the tapping fee to the person or corporation who has paid for the construction of the water main or any part or extension. The total of the refunds shall never exceed the cost of the system or any part or extension to the person or corporation paying for the construction.
8 Pa.C.S. § 1406 — PA Code / Title 8 / Chapter 14 / Section 1406
Bonds for the protection of labor and materials.
Status: in_force

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 borough a payment bond for the protection of claimants supplying labor or materials to the prime contractor to whom the contract is awarded, at 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. The bond requirement is in addition to any other bond requirement required by law to be given in connection with the contract.
8 Pa.C.S. § 1065 — PA Code / Title 8 / Chapter 10 / Section 1065
Countersigned warrants.
Status: in_force

The controller shall countersign all warrants upon the borough treasurer, with the form of the warrant to be prescribed by council, except that no warrant shall be countersigned unless there is money in the treasury to pay the warrant. If a warrant on the treasurer shall be presented to the controller to be countersigned, the person presenting the warrant shall, if the controller requires, produce evidence that:

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

(2) The supplies or service for payment of which the warrant is drawn have been furnished or performed according to law and the terms of the contract.
8 Pa.C.S. § 1053 — PA Code / Title 8 / Chapter 10 / Section 1053
Compensation of auditors.
Status: in_force

(a) General compensation.--Subject to the limitations set forth in subsection (b), each auditor shall receive $10 per hour for each hour or portion of an hour necessarily employed in the discharge of the auditor's duties, to be paid by the borough.

(b) Limits.--No auditor in a borough having a population of 10,000 or less shall be entitled to receive more than $1,000 for completing the annual audit, settlement and adjustment. No auditor in a borough having a population in excess of 10,000 shall be entitled to receive more than $2,000 for completing the annual audit, settlement and adjustment.

(c) Reimbursements.--Each auditor shall be reimbursed for travel costs incurred in the performance of the auditing duties at the rate established by the council under the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law, and for other actual expenses, including postage, notary fees or publication costs, necessarily incurred during the audit.
8 Pa.C.S. § 1176 — PA Code / Title 8 / Chapter 11 / Section 1176
Rules and regulations.
Status: in_force

(a) General rule.--The commission may prescribe, amend and enforce rules and regulations for carrying into effect this

subchapter and shall be governed by the rules and regulations. Before the effective date of the rules and regulations or amendments to them, they shall be first approved by council. If the rules and regulations or amendments have been approved, they shall not be annulled, amended or added to without the approval of council.

(b) Public distribution and inspection.--All rules and regulations and modifications shall be made available by the borough for public distribution or inspection. Cross References. Section 1176 is referred to in section 1181 of this title.
8 Pa.C.S. § 2701 — PA Code / Title 8 / Chapter 27 / Section 2701
General powers.
Status: in_force

(a) General rule.--A borough may provide, improve, maintain and regulate recreation places within the borough limits or in any adjacent municipal corporation if the other municipal corporation shall, by ordinance, signify its consent to the provision, improvement, maintenance or regulation.

(b) Acquisition.--A borough may enter upon, appropriate and acquire by gift, devise, purchase, lease or otherwise private property or may designate and set apart any lands or buildings owned by the borough and not dedicated or devoted to other public uses for the purpose of making, enlarging and maintaining recreation places.

(c) Joint action.--A borough may join with one or more political subdivisions to acquire, create, equip, improve, regulate, maintain and operate any recreation place in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

(d) Limitation.--No borough, acting individually or jointly, may acquire private property within the limits of another

municipal corporation for the purposes designated in this section without the consent of the governing body of the municipal corporation in which the property is located in accordance with 26 Pa.C.S. (relating to eminent domain).

(e) Expenses.--All expenses incurred in the maintenance, improvement, acquisition or operation of recreation places, as provided in this section, shall be payable from the treasury of the borough or the borough and other political subdivisions as may be provided for by agreement of the governing bodies. The council may annually appropriate, and cause to be raised by taxation as provided under section 1302(a)(10) (relating to tax levy), an amount necessary for the purpose of maintaining and operating recreation places or for paying its share of the amount. Special Provisions in Appendix. See section 4(3)(xv) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 2701 is referred to in section 1302 of this title.
8 Pa.C.S. § 806 — PA Code / Title 8 / Chapter 8 / Section 806
Officers elected.
Status: in_force

(a) Officers.--The electors of the borough may elect:

(1) A mayor, who shall be elected at municipal elections every four years.

(2) A tax collector, who shall be elected at municipal elections every four years and must be a properly qualified individual. A magisterial district judge may not hold the office of tax collector and the office of magisterial district judge at the same time.

(3) Unless the borough provides for one appointed auditor under section 1005(7) (relating to powers of council), three auditors or one controller. The following shall apply:

(i) In boroughs providing for three elected auditors, one auditor shall be elected at each municipal election for a term of six years.

(ii) In boroughs providing for one elected controller, the controller shall:

(A) be elected at the municipal election;

(B) be a competent accountant and a registered elector of the borough for at least four years prior to the individual's election; and

(C) serve for a term of four years.

(4) Except as provided in section 818 (relating to change in number of members of council), in boroughs not divided into wards, seven members of council.

(i) (Deleted by amendment).

(ii) (Deleted by amendment).

(5) As follows:

(i) Except as provided under subparagraph (ii), in boroughs divided into wards, at least one and not more than two members of council in each ward.

(ii) In boroughs in which prior to January 1, 1966, three members of council were elected in each ward, three members of council in each ward unless the number is reduced as provided under this part. Members of council shall:

(A) be residents of the ward from which they are elected; and

(B) be chosen by the electors of the ward.

(b) Terms.--The term of an elected officer under this section shall begin the first Monday of January succeeding the individual's election. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (a)(4). Cross References. Section 806 is referred to in section 805 of this title.
8 Pa.C.S. § 1304 — PA Code / Title 8 / Chapter 13 / Section 1304
Special road fund tax.
Status: in_force

(a) Authority.--Any borough shall be empowered, within its general power to levy taxes, to collect annually a tax upon all real property taxable for borough purposes, not to exceed five mills on the dollar in any one year, for the purpose of creating and maintaining a special fund to be used by its borough in making permanent street improvements and to pay contract prices for paving and other permanent street improvements, prior to the collection of the cost and expense from the property owners adjoining or abutting the property by the borough under existing laws.

(b) Application.--If the cost and expense or any part of the cost and expense of the construction of any permanent street improvement, which has been made under existing laws and which has been aided in its construction from the special fund provided for under this section, has been assessed and collected from the owners of the real property adjoining or abutting upon the improvement, it shall be applied to the credit of the special fund, to the extent of the withdrawal from the special fund for that purpose.
8 Pa.C.S. § 1187 — PA Code / Title 8 / Chapter 11 / Section 1187
Provisional appointments.
Status: in_force

(a) General rule.--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 council may nominate a person to the commission for noncompetitive examination, and, if the nominee shall be certified by the commission as qualified after noncompetitive examination, the nominee may be appointed provisionally to fill the vacancy.

(b) Competitive examination required.--

(1) Within three weeks of the provisional appointment, the commission shall hold a competitive examination and certify an eligibility list. A regular appointment shall then be made from the name or names submitted by the commission.

(2) Nothing in this section shall be construed to prevent the appointment, without examination, of persons temporarily as police officers in cases of riot or other emergencies or as fire apparatus operators in emergency cases.
8 Pa.C.S. § 3321 — PA Code / Title 8 / Chapter 33 / Section 3321
Fines and penalties.
Status: in_force

(a) Prescription.--

(1) A borough ordinance shall prescribe fines and penalties for violation.

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

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

(4) An ordinance under this subsection may provide that a separate violation under paragraph (2) or (3) shall arise for:

(i) each day of violation; and

(ii) each applicable section of the ordinance.

(5) An ordinance may provide for assessment of court costs and reasonable attorney fees incurred by the borough in the enforcement proceedings.

(6) The council 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 borough ordinance shall set forth the method of its enforcement in accordance with the following:

(1) Except as provided in paragraph (2), if the penalty is not paid, the borough shall initiate a civil action for collection in accordance with the Pennsylvania Rules of Civil Procedure. A borough shall be 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 shall be by a criminal action in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. The municipal solicitor may assume charge of the prosecution without the consent of the district attorney as required under Pa.R.Crim.P. No. 454 (relating to trial in summary cases). Violations of the property maintenance code or ordinance may also be enforced under section 32A04(c) (relating to property maintenance code).

(3) Except for an ordinance subject to paragraph (2), an ordinance enacted prior to July 16, 2012, shall be deemed automatically amended so that it shall be enforced under paragraph (1).

(4) If a civil claim under this subsection, exclusive of interest, costs or fees, exceeds the monetary jurisdiction of a magisterial district judge under 42 Pa.C.S. § 1515(a) (relating to jurisdiction and venue), the borough 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 borough may enforce an

ordinance in equity in a court of common pleas of the county where the borough is situate.

(d) Payment.--Money collected under subsection (b) shall be paid to the borough treasurer.
8 Pa.C.S. § 1192 — PA Code / Title 8 / Chapter 11 / Section 1192
Employees exempted.
Status: in_force

All appointments in the police or fire forces of boroughs, including the chief of police or equivalent official, prior to the creation of a commission, shall continue to hold their positions and shall not be required to take any examination under the provisions of this subchapter, except that which may

be required for promotion. This section shall not be construed to apply to persons employed temporarily in emergency cases.
8 Pa.C.S. § 106 — PA Code / Title 8 / Chapter 1 / Section 106
Application.
Status: in_force

(a) General.--This part shall apply to all boroughs.

(b) Prior acts.--This part shall not annul or repeal any local or special act or part of a local or special act in force on January 1, 1966.

(c) Local law.--The following shall apply:

(1) The provisions of this part similar to the provisions of the former act of May 14, 1915 (P.L.312, No.192), entitled "An act providing a system of government for boroughs, and revising, amending, and consolidating the law relating to boroughs," shall apply to boroughs incorporated under local laws in the same manner as similar provisions of the former act of May 4, 1927 (P.L.519, No.336), entitled "An act concerning boroughs, and revising, amending and consolidating the law relating to boroughs," were extended to boroughs acting under local laws.

(2) If a provision of this part conflicts with a special or local law applicable to a borough that has not been surrendered, the provisions shall be construed so that effect may be given to both. If the conflict between the provisions is irreconcilable, the provision in the local or special law shall prevail.
8 Pa.C.S. § 21A04 — PA Code / Title 8 / Chapter 21 / Section 21A04
Assessment of benefits conferred.
Status: in_force

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

(b) Certificate.--Council shall issue a certificate of assessment when assessing benefits upon property benefited, improved or accommodated, duly certified under the seal of the borough and attested by the president of council and secretary. The certificate of assessment shall be prima facie evidence in any suit for recovery of the same of the correctness and validity of the assessment.
8 Pa.C.S. § 1058 — PA Code / Title 8 / Chapter 10 / Section 1058
Pay of witnesses.
Status: in_force

Witnesses, other than officers of the borough, appearing before the auditors and individuals or officers serving subpoenas shall be paid, out of the borough treasury upon authorization signed by a majority of the auditors and orders drawn on the borough treasury, the same fees as are payable for rendering similar services in civil proceedings before a magisterial district judge. The amount paid shall be made a part of the charge against any officer who shall be charged by the auditors with any balance, if the costs have been incurred in establishing the balance. The costs collected from any officer shall be repaid into the borough treasury. Cross References. Section 1058 is referred to in section 1059.11 of this title.
8 Pa.C.S. § 29A03 — PA Code / Title 8 / Chapter 29 / Section 29A03
Appropriation to assist in erection of armories.
Status: in_force

The council has the following powers:

(1) To appropriate money or convey land, either independently or in conjunction with another municipality, to:

(i) assist the State Armory Board in the erection of armories for the use of the Pennsylvania National Guard; and

(ii) furnish water, sewer service, light or fuel free of cost to the Commonwealth for use in any armory of the Pennsylvania National Guard.

(2) To do all things necessary to accomplish the purpose of this section.
8 Pa.C.S. § 2801 — PA Code / Title 8 / Chapter 28 / Section 2801
Management by cemetery commission.
Status: in_force

If the title and management of a cemetery is vested in a borough, the council may, by ordinance, vest the care, management and operation of the cemetery in a cemetery commission of three citizens to be appointed by the council. The ordinance shall provide for the terms of the cemetery commissioners.
8 Pa.C.S. § 29A12 — PA Code / Title 8 / Chapter 29 / Section 29A12
Payment of rent for meetings.
Status: in_force

The council may appropriate annually a sum to an incorporated organization of American veterans of a war in which the United States was engaged, to be used in the payment of the rent for a facility in which the organization has its regular meetings.
8 Pa.C.S. § 3301.6 — PA Code / Title 8 / Chapter 33 / Section 3301.6
Appeals from ordinances.
Status: in_force

Complaint as to the legality of any ordinance or resolution must be made to the court of common pleas. In cases of ordinances laying out streets over private lands, the court shall have jurisdiction to review the propriety as well as the legality of the ordinance.
8 Pa.C.S. § 703 — PA Code / Title 8 / Chapter 7 / Section 703
Other associations and organizations.
Status: in_force

(a) Authorization.--A borough, by motion of council, may do any of the following:

(1) Join associations and organizations other than associations and organizations referred to under this chapter concerned with municipal or governmental affairs.

(2) Pay dues to and appropriate funds for the support of and participation in associations and organizations under paragraph (1).

(3) Send delegates to meetings or conferences of associations and organizations under paragraph (1).

(a.1) Compensation and expenses.--The following shall apply:

(1) In addition to any compensation allowed by law for a delegate, the borough may pay the following expenses for each delegate under subsection (a)(3):

(i) The registration fee.

(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting or conference.

(iii) Any expenses that the council may have agreed to pay.

(2) Every delegate under subsection (a)(3) shall submit to the council an itemized account of expenses incurred.

(3) The council may authorize borough employees to be compensated at their regular employee rate during their attendance at an annual meeting or conference of an association or organization under paragraph (1). The time spent in attending the meeting or conference may not be more than four days, including the time traveling to and from the meeting or conference.

(b) Professional and educational meetings.--A borough may, by motion of council, do any of the following:

(1) Authorize any of its officers and employees to attend any of the following:

(i) Meetings of professional organizations and associations.

(ii) Educational training sessions for individuals holding the same or similar office or employment.

(2) Pay all or a portion of the necessary expenses incident to an individual's attendance at meetings or sessions under paragraph (1).

(c) Itemized account.--Every individual attending a conference, meeting or educational training session under this section shall submit to the council an itemized account of the individual's expenses, including traveling expenses or mileage, that council may have agreed to pay.
8 Pa.C.S. § 2902 — PA Code / Title 8 / Chapter 29 / Section 2902
Licensure saved.
Status: in_force

(a) Commonwealth.--Nothing contained in this chapter shall be construed to relieve a person from a statutorily imposed:

(1) licensure requirement;

(2) license tax; or

(3) license fee.

(b) Boroughs.--A Commonwealth license tax or fee shall not preempt the registration, licensing or regulatory powers of a borough in accordance with this chapter unless the preemption is expressly authorized.
8 Pa.C.S. § 2808 — PA Code / Title 8 / Chapter 28 / Section 2808
Removing bodies to alter plots.
Status: in_force

In altering the plot of a cemetery, bodies may be removed and reinterred in a suitable place but without cost to surviving relatives.
8 Pa.C.S. § 2438 — PA Code / Title 8 / Chapter 24 / Section 2438
Joint commission.
Status: in_force

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

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

(c) Composition.--The joint commission shall be composed of one representative from each of the joining municipal corporations.

(d) Term of members.--The members of the joint commission shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed.

(e) Officers.--The joint commission shall organize by the election of a chair, secretary and treasurer. The secretary and treasurer may be the same person.

(f) Ordinance provisions.--The municipal corporations may, in the ordinances creating the joint commission, authorize it to appoint an engineer, a solicitor and other assistants as are deemed necessary and agree to share the compensation for attending its meetings as shall be fixed in the budget prepared by the commission and submitted to and adopted by the joining municipal corporations.

(g) Compensation limitation and expenses.--The budget item providing for the compensation to the members for attending meetings shall not exceed $500 per year, but members shall be entitled to actual expenses to be paid by the respective municipal corporations that the members represent. The fee for each attendance at meetings shall be stipulated, and no member shall be paid a fee for any meeting the member does not attend.
8 Pa.C.S. § 1113 — PA Code / Title 8 / Chapter 11 / Section 1113
Records open to inspection.
Status: in_force

The fiscal records and documents and the minute book and other records and documents of every borough shall be open in accordance with the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.
8 Pa.C.S. § 1191 — PA Code / Title 8 / Chapter 11 / Section 1191
Hearings on dismissals and reductions.
Status: in_force

(a) Time of answer and hearing.--A person suspended, removed or reduced in rank may make written answers to any charges filed

against the person not later than the day scheduled for the hearing. The commission shall grant the person a hearing that shall be held within a period of ten days from the filing of written charges, unless continued by the commission for cause at the request of the council or the accused. The failure of the commission to hold a hearing within ten days from the filing of the written charges shall not result in the dismissal of the charges filed.

(b) Conduct of hearing.--At any hearing, the person against whom the charges are made may be present in person and by counsel. The council may suspend the person, without pay, pending the determination of the charges against the person, but, in the event the commission fails to uphold the charges, the person sought to be suspended, removed or reduced in rank shall be reinstated with full pay for the period during which the person was suspended, removed or reduced in rank, and no charges shall be officially recorded against the person's record. A stenographic record of all testimony taken at the hearings shall be filed with and preserved by the commission, which record shall be sealed and not be available for public inspection in the event the charges are dismissed.

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

(d) Proceedings.--The council and the person sought to be suspended, removed or reduced in rank shall at all times have the right to employ counsel before the commission and upon appeal to the court of common pleas. Unless the council or the person sought to be suspended, removed or reduced in rank requests that the proceedings before the commission be open to the public, the proceedings before the commission under this section shall be held in the nature of a closed executive session that shall not be open to the public. The request shall be presented to the commission before the civil service hearing commences. The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in private and shall not be subject to a request for being open to the public, the council or the person sought to be suspended, removed or reduced in rank. The commission's disposition of the disciplinary action shall constitute official action which shall occur at a public meeting held pursuant to 65 Pa.C.S. Ch. 7 (relating to open meetings). Cross References. Section 1191 is referred to in sections 1177, 1186, 1190 of this title.
8 Pa.C.S. § 29A13 — PA Code / Title 8 / Chapter 29 / Section 29A13
Rooms for veterans' organizations and children.
Status: in_force

The council may furnish without charge to an organization composed of American veterans of a war in which the United States was engaged and children of the veterans a room in a public building of the borough.
8 Pa.C.S. § 2754 — PA Code / Title 8 / Chapter 27 / Section 2754
Appropriations.
Status: in_force

Money necessary for the purchase of the tracts shall be appropriated in the same manner as appropriations for borough purposes. Money may be provided from the current revenue or by the proceeds of a sale of general obligation bonds in accordance with existing law.
8 Pa.C.S. § 1123.1 — PA Code / Title 8 / Chapter 11 / Section 1123.1
Mayor's powers concerning police.
Status: in_force

(a) General rule.--The mayor shall have full charge and control of the chief of police and the police force.

(b) Direction.--The mayor shall direct the time during which, the place where and the manner in which the chief of police and the police force perform the duties of their rank.

(c) Delegation of duties.--The mayor may delegate to the chief of police or other officer supervision over and instruction to subordinate officers in the manner of performing their duties.

(d) Appointment of special police.--The mayor may appoint special police during an emergency in which the safety and welfare of the borough and the public is endangered.

(e) Auxiliary police.--The mayor may activate auxiliary police in accordance with general law and, notwithstanding any other provision of law, may activate auxiliary police for purposes of crowd and traffic control for limited periods during events if, in the mayor's discretion, public safety is promoted by the activation of the auxiliary police.
8 Pa.C.S. § 2408 — PA Code / Title 8 / Chapter 24 / Section 2408
Assessment for water mains.
Status: in_force

Boroughs shall have power to assess the whole cost or any part of the cost of construction of new water mains built in connection with the establishment or extension of a municipally owned water supply system in accordance with Chapter 21A (relating to assessments and charges for public improvements), notwithstanding if the mains are located within or without the limits of the borough.
8 Pa.C.S. § 2713 — PA Code / Title 8 / Chapter 27 / Section 2713
Lease for school athletics.
Status: in_force

(a) Lease.--A borough maintaining a recreation place may lease a recreation place, or a portion of a recreation place, suitable for athletic sports and athletic games to any school board or school athletic association organized by a school board and organized for the purpose of conducting amateur athletic sports and games among pupils of the public school.

(b) Admission charge.--The borough maintaining a recreation place may permit a school board or school athletic association to charge admission to sports and games and to deny persons refusing to pay admission access to the grounds where sports or games are being conducted, if sports and games are not conducted for individual profit.
8 Pa.C.S. § 506 — PA Code / Title 8 / Chapter 5 / Section 506
Boundary monuments (Repealed).
Status: repealed

2022 Repeal. Section 506 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
8 Pa.C.S. § 1706 — PA Code / Title 8 / Chapter 17 / Section 1706
Exclusive nature of provisions.
Status: in_force

No street may be dedicated, accepted, acquired, laid out, opened or vacated by a borough except under this chapter.
8 Pa.C.S. § 1116 — PA Code / Title 8 / Chapter 11 / Section 1116
Solicitor to have control of legal matters.
Status: in_force

The legal matters of the borough shall be under the control of the borough solicitor. No department or officer of the borough, except as otherwise provided by law, shall employ an additional counsel without the assent or ratification of the council. The borough solicitor must be licensed to practice law in this Commonwealth and may be one person or a law firm, partnership, association or professional corporation. The

borough solicitor serves at the pleasure of council. In the absence of the solicitor, the law firm of which the solicitor is a member or associate may perform any of the duties or functions of the solicitor.
8 Pa.C.S. § 107.1 — PA Code / Title 8 / Chapter 1 / Section 107.1
Acceptance by incorporated towns.
Status: in_force

(a) Partial acceptance.--The following shall apply:

(1) An incorporated town incorporated or acting under a local or special act may, by ordinance, elect to be governed by the provisions of this part and shall surrender any provisions of its special and local acts that are inconsistent with this part adopted by the incorporated town.

(2) An ordinance under paragraph (1) shall indicate the provisions of this part to be adopted and, if applicable, the provisions of the incorporated town's special and local acts to be surrendered.

(3) On and after the effective date of the ordinance and until the ordinance may be repealed or amended, the provisions of this part indicated in the ordinance shall be the law applicable to the incorporated town, and the provisions of any local or special acts, to the extent surrendered as indicated in the ordinance, shall not apply to the incorporated town.

(b) Full acceptance.--An incorporated town incorporated or acting under any local or special act may elect to accept this part in its entirety and surrender all local and special acts by petition as set forth in section 107 (relating to acceptance). If an incorporated town accepts this part in its entirety and surrenders all local and special acts, the incorporated town shall become a borough, and the decree of the court permitting the acceptance shall indicate the name of the new borough.

(c) Force and effect.--The following shall apply:

(1) If an incorporated town accepts this part under this section, all of the following shall continue with the same force and effect as if no acceptance had been made:

(i) Liabilities incurred.

(ii) Rights accrued or vested.

(iii) Obligations issued or contracted.

(iv) Suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or punish any offense committed prior to acceptance.

(v) Ordinances.

(2) An incorporated town shall not have the power to alter or amend any provision of this part that has been adopted in accordance with this section or section 107.
8 Pa.C.S. § 813 — PA Code / Title 8 / Chapter 8 / Section 813
Fixing number of members of council.
Status: in_force

If, upon the division of a borough into wards or the creation of a new ward, the number of members of council cannot be equally divided among the wards of the borough, it shall be lawful for council to increase the number of council members to and not exceeding a number that will enable equal apportionment of the members among the several wards of the borough. If a borough is first divided into wards, the number of members of council provided for a ward may not exceed two.
8 Pa.C.S. § 105 — PA Code / Title 8 / Chapter 1 / Section 105
Construction of references.
Status: in_force

If reference is made in this part to any act, the reference shall apply to and include any codification in which the provisions of the act referred to are substantially reenacted.
8 Pa.C.S. § 2442 — PA Code / Title 8 / Chapter 24 / Section 2442
Filing maps and plans.
Status: in_force

If a change is made under section 2441(a) (relating to acquisition of land), the borough shall file in the court of common pleas a map or plan showing the change of road, and, if the road is outside the limits of the borough, it shall furnish to the governing body of the municipal corporation a copy of the map.
8 Pa.C.S. § 210 — PA Code / Title 8 / Chapter 2 / Section 210
Certificates.
Status: in_force

(a) Decree.--When a borough is created, the clerk of courts in each county affected shall, within 30 days of the creation, certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the decree of court incorporating the borough. The clerk may impose a fee of $3.50 as part of the costs of the proceeding for the services under this subsection.

(b) Penalty.--Any clerk of court who fails, neglects or refuses to furnish the certifications as provided under this part commits a summary offense and shall pay a fine of not more than $50. Special Provisions in Appendix. See section 4(3)(iii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 1203 — PA Code / Title 8 / Chapter 12 / Section 1203
Reserved powers.
Status: in_force

The council may make and adopt all ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution of Pennsylvania and laws of this Commonwealth as may be expedient or necessary for the proper management, care and control of the borough and its finances and the maintenance of peace, good government, safety and welfare of the borough and its trade, commerce and manufactures.
8 Pa.C.S. § 1905 — PA Code / Title 8 / Chapter 19 / Section 1905
Overhead and underground passageways.
Status: in_force

If the comfort and safety of the residents of a borough and an adjoining municipality are enhanced by any overhead or underground passageway connecting with adjoining streets in either the borough or the municipality and extending to any plant or place of business where residents of the borough are employed, the borough may, jointly with each adjoining municipality, construct and maintain any passageway or may join with other interests in the construction and maintenance of the passageway.
8 Pa.C.S. § 21A01 — PA Code / Title 8 / Chapter 21 / Section 21A01
Authority to assess.
Status: in_force

(a) General rule.--Council shall have the power to pay the cost, in whole or in part, of any and all public improvements of all natures and descriptions, including, but not limited to, the grading, building, paving, regrading, rebuilding and repaving of streets as defined in section 1701 (relating to definitions), the creation, extension, renovation or enlargement of water mains and sewage collection, transmission, treatment and disposal systems and the creation, extension and renovation of storm, surface and subsurface drainage systems, the construction, reconstruction and repair of wharves and docks, the installation of ornamental street lighting or the planting, removal, maintenance and protection of shade trees by any of the following methods:

(1) from general borough funds;

(2) from special borough funds created for that purpose; or

(3) by assessment of costs against the benefited properties either on the front foot or benefit conferred method of assessment. Except as provided in subsection (c), the costs and expenses of sanitary sewers may be assessed against properties benefited, accommodated or improved regardless of the property line location and regardless of whether any portion of a property benefited, accommodated or physically improved abuts upon the sanitary sewer.

(b) Payment of indebtedness.--

(1) If a borough that incurs authorized indebtedness under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) for the purposes of funding the cost and expense of making public improvements for which assessments can be made in accordance with this chapter, payments made on the assessment must be applied to pay the debt service for the indebtedness incurred for funding the cost and expense of making the public improvement.

(2) Notwithstanding section 21A07 (relating to payment of assessments in installments), when bonds are issued in a manner provided by law and an assessment is to be paid in installments, the assessment shall be payable in equal installments during the term for which the bond is issued, and the cost of the improvement plus interest beginning the

first day when interest is payable on the bond shall be the cost of the improvement to be assessed on a property.

(c) Property outside borough.--Property benefited, improved or accommodated which is located outside the limits of the borough that constructed a sanitary sewer may, if located no more than 150 feet from the sewer main, be assessed for the cost of the sewer in the same manner as the property would be assessed under the laws of this Commonwealth if it were entirely located within the limits of the borough, if the property is given permission to use the sanitary sewer and is not, at the time the sanitary sewer is constructed, provided with sanitary sewer facilities.

(d) Water mains.--Boroughs shall have power to assess the whole cost or any part of the cost of construction of new water mains built in connection with the establishment or extension of a municipally owned water supply system, even if the mains are located outside the limits of the borough, and that serve abutting properties, against the properties abutting the boundary line. The borough may provide that the assessment be rebated to the owner of the assessed property out of rates charged for water consumed in serving the assessed property. The borough may also issue a negotiable credit memorandum in the amount of the assessment which may be used for the payment of any water service to the extent of the assessment. Cross References. Section 21A01 is referred to in section 21A07 of this title.
8 Pa.C.S. § 202 — PA Code / Title 8 / Chapter 2 / Section 202
Applications.
Status: in_force

(a) Petition.--The following shall apply:

(1) The application for incorporation shall be by a petition signed by a majority of the freeholders residing within the limits of the proposed borough and by the freeholders of a majority of the territory within the limits of the proposed borough, if all parts of the proposed borough are in the same township.

(2) If portions of the proposed borough are in different townships, the petition shall be signed by a majority of the freeholders residing in each of the separate portions and by the freeholders of a majority of the territory in each of the separate portions. The following shall apply:

(i) The signatures must be secured within three months immediately preceding the presentation of the signatures to the court.

(ii) The petition shall be subscribed by and sworn to by at least one of the signers.

(iii) The number of signers required to sign the petition shall be ascertained as of the date the petition was presented to court.

(b) (Reserved).

(c) (Reserved).

(d) (Reserved).

(e) Filing and notice.--Upon presentation to the court, a petition shall be filed with the clerk of court, and notice of the petition shall be published under section 109 (relating to publication of notices) once a week for four consecutive weeks immediately following the filing of the petition, during which time exceptions may be filed to the petition by any person interested. The notice shall state when and where the petition was filed and the time during which exceptions may be filed to the petition.

(f) Contents of petition.--The petition under subsection

(e) shall indicate the name of the proposed borough with a particular description of the boundaries of the borough and be accompanied with a plot of the proposed borough. The following shall apply:

(1) If the boundaries of the proposed borough are not the same as an existing township, the description shall contain the courses and distances of the boundaries.

(2) If the boundaries of the proposed borough are the same as an existing township, the description:

(i) may contain the courses and distances of the boundaries; and

(ii) shall refer to the name and location of the existing township. Special Provisions in Appendix. See section 4(3)(ii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 811 — PA Code / Title 8 / Chapter 8 / Section 811
Election.
Status: in_force

Biennially, at the municipal election, a sufficient number of members of council shall be elected to fill the places of members whose terms shall, under this part, expire on the first Monday of January following the election. Members elected under this section shall serve for a term of four years from the first Monday of January succeeding the municipal election. Cross References. Section 811 is referred to in section 805 of this title.
8 Pa.C.S. § 1006 — PA Code / Title 8 / Chapter 10 / Section 1006
Duties of council.
Status: in_force

It shall be the duty of council:

(1) To organize, under section 1001 (relating to organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility), in even-numbered years.

(2) To meet at a stated time at least once a month. Council may adjourn to a stated time for general business or for special businesses. If no quorum is present at a regular, special or reconvened meeting, a majority of those who do meet may agree upon another date for like business in a manner consistent with 65 Pa.C.S. Ch. 7 (relating to open meetings). Special meetings may be called by the president of council or upon written request of at least one-third of the members of council. Members shall have at least 24 hours' notice of the special meetings. The notice shall state whether it is for general or special purposes, and, if it is for special purposes, the notice shall contain a general statement of the nature of the business to be transacted. Presence at a meeting constitutes waiver of notice. Council may adopt rules relating to the calling and holding of special meetings, which rules shall supersede the provisions of this section, provided that the rules comply with the provisions of 65 Pa.C.S. Ch. 7.

(3) To make and preserve records of its proceedings.

(4) To enact, revise, repeal and amend ordinances and resolutions under Chapter 33 (relating to ordinances), and bylaws, rules and regulations, not inconsistent with the laws of this Commonwealth, as it deems beneficial to the borough and to provide for the enforcement of the same. Unless otherwise provided, all powers shall be exercised by vote of the majority of council eligible to vote at a meeting. Routine, ministerial or administrative purchases and powers may be made and exercised by officers or committees if authority for the action was previously given or if the action is subsequently ratified by council. If any action by the council results in a specific written contract or agreement, the contract or agreement shall be signed by the president of the council.

(5) To cause notices to be served, as required by law or ordinance, in a manner council may by motion or other action decide.

(6) To fix the compensation of all of the borough officers, appointees and employees.

(7) To fix the amount of security to be given by the treasurer and by other officers, appointees and employees as it may designate. Cross References. Section 1006 is referred to in section 10A07 of this title.
8 Pa.C.S. § 603 — PA Code / Title 8 / Chapter 6 / Section 603
Notice of ordinance.
Status: in_force

(a) Requirement.--Notice of an ordinance enacted in accordance with section 601 (relating to creation and alteration) shall be given by publication once in a newspaper of general circulation.

(b) County board of elections.--A copy of the ordinance, along with a plot showing the boundaries of the wards established, shall be forwarded to the county board of elections.
8 Pa.C.S. § 1302.1 — PA Code / Title 8 / Chapter 13 / Section 1302.1
Different and separate tax levies.
Status: in_force

(a) General rule.--A borough may in any year levy separate and different rates of taxation for municipal purposes on all real estate classified as nonfarmland, exclusive of the buildings on the real estate, and on all real estate classified as either buildings on land or farmland. When real estate tax rates are so levied:

(1) The rates shall be determined by the requirements of the borough budget.

(2) A higher rate may be levied on real estate classified as nonfarmland than on real estate classified as either buildings on land or farmland if the respective rates on nonfarmland and on buildings or farmland are so fixed as not to constitute a greater levy in the aggregate than the levy to result from the maximum rate allowed by law on all real estate.

(3) The rates shall be uniform as to all real estate within the classification.

(b) Nonseverability.--Notwithstanding section 104 (relating to constitutional construction), the provisions of this section are nonseverable. If any provision of this section or its application to any person or circumstance is held invalid, the remaining provisions or applications of this section are void.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Farmland." Any tract of land that is actively devoted to agricultural use, including, but not limited to, the commercial production of crops, livestock and livestock products as defined in section 3 of the act of June 30, 1981 (P.L.128, No.43), known as the Agricultural Area Security Law.

"Nonfarmland." Any tract of land that is not farmland. Cross References. Section 1302.1 is referred to in section 1303 of this title.
8 Pa.C.S. § 1174 — PA Code / Title 8 / Chapter 11 / Section 1174
Organization of commission.
Status: in_force

(a) General rule.--The commission first appointed shall organize within ten days of its appointment and shall elect one of its members as the chair and one as the secretary. Thereafter, the commission shall meet and organize within 30 days of the first Monday of each even-numbered year. Each commissioner shall be notified in writing of each and every meeting.

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

(c) Alternate members.--

(1) An alternate member of the commission shall continue to serve on the commission in all proceedings involving the matter or case for which the alternate was initially designated until the commission has made a final determination of the matter or case.

(2) Designation of an alternate member under this section shall be made on a case-by-case basis in rotation according to declining seniority among the alternates.

(d) Validity of commission action.--No action of the commission may be valid unless it shall have the concurrence of at least two members. (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days) 2024 Amendment. Act 110 amended subsec. (a). Cross References. Section 1174 is referred to in section 1172 of this title.
8 Pa.C.S. § 1066 — PA Code / Title 8 / Chapter 10 / Section 1066
Prevention of appropriation overdrafts.
Status: in_force

The controller shall not permit any appropriation made by the council to be overdrawn. If an appropriation is exhausted, the object of which is not complete, the controller shall immediately report the fact to the council and accompany the report with a statement of the money which has been drawn on the appropriation and the particular purpose for which it is drawn.
8 Pa.C.S. § 1201.1 — PA Code / Title 8 / Chapter 12 / Section 1201.1
Real property.
Status: in_force

(a) Sale.--No real estate owned by the borough may be sold except upon approval of council by resolution. Additionally, no real estate owned by the borough may 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.

(a.1) Advertisement.--The advertisement shall be published once in one newspaper of general circulation not less than ten 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.

(a.2) Award of contracts.--The award of contracts shall be made only by public announcement at a regular or special meeting of council or at the public auction. All bids shall be accepted on the condition that payment of the purchase price in full shall be made within 60 days of the acceptance of bids. 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 the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(b) Rejection of bids.--The council 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 council may establish a minimum bid based on the fair market value of the real property.

(c) Exception.--Real estate owned by a borough may be sold at a consideration of $6,000 or less without advertisement or competitive bidding only after council 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, council shall make a public announcement of the council's intention to sell the real estate at a regular or special meeting of council at least 30 days prior to the sale.

(d) Exchange of real property.--

(1) Notwithstanding this section, council 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 borough is to be used for municipal purposes. Municipal purposes as used in this subsection include a subsequent sale or lease of the property to any of the entities listed in section 1201.3 (relating to exceptions).

(2) Any conveyance of real property acquired in an exchange to an entity listed in section 1201.3 may contain a clause under which the lands and buildings will revert to the borough if they are no longer being used for the purposes of the entity.

(3) If council chooses to exercise its power of real property exchange under this section, it shall be by resolution adopted by council. 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 shall 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. (Feb. 5, 2020, P.L.6, No.4, eff. 60 days) 2020 Amendment. Act 4 amended subsecs. (a) and (c).

Cross References. Section 1201.1 is referred to in section 2758 of this title.
8 Pa.C.S. § 217 — PA Code / Title 8 / Chapter 2 / Section 217
Compensation, expenses and costs.
Status: in_force

The commissioners under section 214(b) (relating to judicial adjustment) shall receive compensation and expenses for their services as provided by the court. The costs of the proceedings, including the compensation and expenses of the commissioners, shall be apportioned by the court between the borough and township.
8 Pa.C.S. § 1316 — PA Code / Title 8 / Chapter 13 / Section 1316
Investment of funds.
Status: in_force

(a) Duty of council.--Council shall invest borough funds consistent with sound business practice.

(b) Investment program.--Council shall provide for an investment program subject to restrictions contained in this part and in another applicable statute and any rules and regulations adopted by council.

(c) Authorized types of investments.--Authorized types of investments for borough funds are:

(1) United States Treasury bills.

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

(3) Deposits in savings accounts or time deposits, other than certificates of deposit, or share accounts of

institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured, and, for the amounts above the insured maximum, if approved collateral as provided by law shall be pledged by the depository.

(4) Obligations of:

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

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

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

(5) Shares of an investment company registered under the Investment Company Act of 1940 (54 Stat. 789, 15 U.S.C. § 80a-1 et seq.), whose shares are registered under the Securities Act of 1933 (48 Stat. 74, 15 U.S.C. § 77a et seq.), if the only investments of the company are in the authorized investments for borough funds listed in paragraphs

(1), (2), (3) and (4).

(6) Certificates of deposit purchased from institutions insured by the Federal Deposit Insurance Corporation or the National Credit Union Share Insurance Fund to the extent that the accounts are so insured. For amounts above the insured maximum, the certificates of deposit must be collateralized by a pledge or assignment of assets of the institution, and the collateral may include loans, including interest in pools of loans, secured by first mortgage liens on real property. Certificates of deposit purchased from commercial banks must be limited to an amount equal to 20% of a bank's total capital and surplus. Certificates of deposit purchased from savings and loan associations or savings banks must be limited to an amount equal to 20% of an institution's assets minus liabilities.

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

(8) Bonds of a municipal authority or parking authority created solely by the borough for the purpose of either investment or possible retirement of the bonds and acquisition of authority projects at an earlier date than originally contemplated, using for the purpose either surplus funds of the borough or money appropriated in the annual budget for the purpose.

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

(d) Authority of council.--In making investments of borough funds, council has authority to:

(1) Permit assets pledged as collateral under subsection

(c)(3), to be pooled in accordance with the act of August 6, 1971 (P.L.281, No.72), entitled "An act standardizing the procedures for pledges of assets to secure deposits of public funds with banking institutions pursuant to other laws; establishing a standard rule for the types, amounts and

valuations of assets eligible to be used as collateral for deposits of public funds; permitting assets to be pledged against deposits on a pooled basis; and authorizing the appointment of custodians to act as pledgees of assets."

(2) Combine money from more than one fund under borough control for the purchase of a single investment, if each of the funds combined for the purpose shall be accounted for separately in all respects and the earnings from the investment are separately and individually computed and recorded and credited to the accounts from which the investment was purchased.

(3) Join with one or more other political subdivisions and municipal authorities in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) in the purchase of a single investment, provided the requirements of paragraph (2) are adhered to regarding separate accounting of individual funds and separate computation, recording and crediting of the earnings from the funds. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 added subsec. (c)(9). Cross References. Section 1316 is referred to in sections 1202, 24A04 of this title.
8 Pa.C.S. § 3323 — PA Code / Title 8 / Chapter 33 / Section 3323
Commitment after trial.
Status: in_force

A defendant sentenced to imprisonment for a violation of a borough ordinance may be committed to:

(1) the borough correctional facility for up to ten days; or

(2) a county correctional facility for up to 30 days. Cross References. Section 3323 is referred to in section 3324 of this title.
8 Pa.C.S. § 2604 — PA Code / Title 8 / Chapter 26 / Section 2604
Assessment of damages.
Status: in_force

(a) General rule.--The damages for the taking or injury of any property for use as a wharf, pier or bulkhead shall include full compensation for the value of the property taken or injured.

(b) Partial taking.--If the property taken or injured shall constitute a part of a plant used as an entirety, the damage to the owner or tenant shall be assessed by taking the difference in market value of the plant as a whole, including buildings and all equipment installed and used in the plant, before and after taking or injury, and notwithstanding that part of the plant may be separated by a street or highway.
8 Pa.C.S. § 2805.1 — PA Code / Title 8 / Chapter 28 / Section 2805.1
Neglected or abandoned cemeteries.
Status: in_force

(a) Maintenance.--The council may, upon compliance with subsection (b), direct the removal of weeds, refuse and debris from an abandoned or neglected cemetery.

(b) Notice.--

(1) To exercise the power under subsection (a), the council must give notice to the owner directing the removal of weeds, refuse and debris from the cemetery within 30 days of service under paragraph (2).

(2) Notice must be effected by any of the following means:

(i) Personal service on the owner.

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

(iii) After reasonable attempts to give notice under subparagraph (i) or (ii) have failed, posting notice at or upon the property.

(c) Action.--

(1) If the removal is not completed within 30 days after the notice is effected under subsection (b)(2), the council shall provide for the removal to be done by employees of the borough or by a contractor at the expense of the borough.

(2) The costs of removal under paragraph (1) shall be assessed against the owner of the cemetery and collected under Chapter 21A (relating to assessments and charges for public improvements).
8 Pa.C.S. § 1112 — PA Code / Title 8 / Chapter 11 / Section 1112
Assistant secretary.
Status: in_force

A council may, by resolution, appoint an assistant secretary. The assistant secretary shall assist the secretary in the performance of the secretary's duties and, in case of absence or disability of the secretary, perform the duties and may exercise the powers of the secretary. The assistant secretary may be appointed from the membership of the council but shall not be any other officer of the council. Council may appoint the assistant secretary as the assistant treasurer if the assistant secretary is not a member of council.
8 Pa.C.S. § 29A11 — PA Code / Title 8 / Chapter 29 / Section 29A11
Appropriations to organizations and American Gold Star Mothers, Inc.
Status: in_force

(a) Appropriation.--

(1) The council may appropriate annually money to aid in defraying the expenses of Memorial Day, Veterans' Day or a similar day provided for by Federal or State law.

(2) The appropriation shall be divided in amounts as council deems proper to:

(i) an organization composed of veterans of a war in which the United States was engaged; and

(ii) American Gold Star Mothers, Inc.

(3) The money shall be appropriated to defray actual expenses only.

(b) Payment.--Before payment is made, the organization receiving the appropriation must submit verified accounts of its expenditures.
8 Pa.C.S. § 110 — PA Code / Title 8 / Chapter 1 / Section 110
Terms of existing officers.
Status: in_force

This part shall not be construed as affecting or terminating the term of any officer of a borough holding office on January 1, 1966.
8 Pa.C.S. § 3105 — PA Code / Title 8 / Chapter 31 / Section 3105
Powers and duties of health officer.
Status: in_force

(a) Powers.--A health officer may issue a citation for 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 borough and related law.

(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.

(5) Attend all regular and special meetings of the board of health.
8 Pa.C.S. § 235 — PA Code / Title 8 / Chapter 2 / Section 235
Costs and expenses.
Status: in_force

(a) Petitioners.--Except as provided under subsection (b), the costs and expenses of proceedings to change the charter of a city to a borough, including all costs of advertising, shall be paid by the petitioners.

(b) Exception.--If the vote of electors to change the charter of a city to a borough is in favor of the change, the cost and expenses under subsection (a) shall be paid by the city.
8 Pa.C.S. § 2757 — PA Code / Title 8 / Chapter 27 / Section 2757
Use of forests.
Status: in_force

A municipal forest may be used by the public as general outing or recreation grounds subject to the regulations under section 2755 (relating to regulations).
8 Pa.C.S. § 29A04 — PA Code / Title 8 / Chapter 29 / Section 29A04
Support of Pennsylvania National Guard units.
Status: in_force

(a) Appropriation.--The council may appropriate annually a sum to be used and expended exclusively for the support and maintenance, discipline and training of a unit of the Pennsylvania National Guard.

(b) Payment.--

(1) The money appropriated shall be paid by warrant drawn to the order of the commanding officer of the unit upon certification to the borough, by the Adjutant General, that the unit has satisfactorily passed the annual inspection provided by law.

(2) The commanding officer shall account, by proper vouchers to the borough each year, for the expenditure of the money appropriated. No appropriation shall be made for any subsequent year until the expenditure of the previous year is accounted for. The accounts of the expenditures shall be subject to the inspection of the Department of Military and Veterans Affairs and shall be audited by the Auditor General in accordance with law.
8 Pa.C.S. § 2720 — PA Code / Title 8 / Chapter 27 / Section 2720
Care, custody and control.
Status: in_force

(a) Council authority.--Council shall have exclusive care, custody and control of shade trees in the borough. Council may:

(1) Plant, transplant, remove, maintain and protect shade trees on the streets and highways in the borough.

(2) Employ and pay persons and make and enforce regulations as may be necessary for the care and protection of the shade trees of the borough.

(b) Planting, transplanting or removal.--Council may, by ordinance, and with or without the petition of a majority of the property owners, upon any public street in the borough, plant, transplant or remove shade trees. Council may, with or without petition, require the planting and replanting of suitable shade trees along and upon the sides of the streets, upon alignment and at points as may be designated by ordinance, by the owners of property abutting the street at the points designated.

(c) Limitation.--Nothing in this part may authorize council to plant or replant or require the planting or replanting of trees at any point which may interfere with the necessary or reasonable use of any street or abutting property or the business conducted on the property.

(d) Assessment of costs.--On failure of any owner, after reasonable notice, to comply with the terms of an ordinance requiring the planting or replanting of shade trees, the borough may cause the trees to be planted or replanted and assess the cost against the owner in accordance with section 2720.2 (relating to payment by owners and assessments).

(e) Diseased plants, shrubs and trees.--Council may, upon notice as may be provided by ordinance, require owners of property to cut and remove plants, shrubs and trees afflicted with any disease that threatens to injure or destroy plants, shrubs and shade trees in the borough under regulations prescribed by ordinance. Upon failure of any owner to comply with the notice, the borough may cause the work to be done by the borough and assess the cost against the owner in accordance with section 2720.2.
8 Pa.C.S. § 501 — PA Code / Title 8 / Chapter 5 / Section 501
Stream boundaries (Repealed).
Status: repealed

2022 Repeal. Section 501 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
8 Pa.C.S. § 1059.3 — PA Code / Title 8 / Chapter 10 / Section 1059.3
Surcharge by auditors.
Status: in_force

(a) Surcharges.--

(1) The amount of any balance or shortage or of any expenditure of a kind or made in a manner prohibited or not authorized by statute which causes a financial loss to the borough shall be a surcharge against any officer against whom the balance or shortage shall appear, or who by vote, act or neglect has permitted or approved the expenditure.

(2) The following shall apply:

(i) No elected or appointed official of a borough may be surcharged for any act, error or omission in excess of the actual financial loss sustained by the borough.

(ii) A surcharge shall take into consideration as its basis the results of the act, error or omission and the results had the procedure been strictly in accordance with law.

(iii) Subparagraph (i) shall not apply to cases involving fraud or collusion on the part of officers nor to any penalty enuring to the benefit of or payable to the Commonwealth. Notwithstanding this section, the procedures in the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law, shall apply to balances and shortages in the tax accounts of the tax collector.

(iv) No elected or appointed official of a borough may be surcharged if the official acted in good faith reliance on a written, nonconfidential opinion of the solicitor of the borough or on an opinion of the borough solicitor publicly stated at an open meeting of the borough and recorded in the official minutes of the meeting. This subparagraph shall not apply if a solicitor's opinion has been rendered under duress or if the parties seeking and rendering the solicitor's opinion have colluded to purposefully commit a violation of law. As used in this subparagraph, the term "solicitor" shall include a special counsel appointed by the borough for a specific matter.

(b) Illegal acts.--In any matter involving a financial transaction, any official knowingly and willfully acting contrary to law commits a misdemeanor and, upon conviction, may be sentenced to pay a fine not exceeding $100. (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days) 2024 Amendment. Act 110 amended subsec. (a)(2). Cross References. Section 1059.3 is referred to in sections 1059.1, 1059.11 of this title.
8 Pa.C.S. § 803 — PA Code / Title 8 / Chapter 8 / Section 803
Certificates.
Status: in_force

Certificates of election of all borough officers shall be filed with the borough secretary and preserved among the records of the borough for a period of six years.
8 Pa.C.S. § 219 — PA Code / Title 8 / Chapter 2 / Section 219
Bond issues and taxation.
Status: in_force

In any proceeding to adjust and apportion indebtedness, the township or the borough shall have power to issue and deliver to the borough or township interest-bearing bonds in liquidation of the indebtedness ascertained, to be its proportionate share payable, if the bonds are acceptable to the borough or township or townships entitled to receive the bonds. The court may make necessary orders for the collection and payment by the township or townships or borough of the amount needed to pay its share of any indebtedness apportioned to it by special taxes to be collected in one year or by annual installments.
8 Pa.C.S. § 2710 — PA Code / Title 8 / Chapter 27 / Section 2710
Organization of board and employees.
Status: in_force

The members of a recreation board established under this chapter shall elect their own chair and secretary and select all other necessary officers to serve for a period of one year. The recreation board may, with the approval of council, establish employment positions and hire employees to fill the approved positions. The board shall have power to adopt rules and regulations for the conduct of all business within its jurisdiction.
8 Pa.C.S. § 2013 — PA Code / Title 8 / Chapter 20 / Section 2013
Opening sanitary sewers.
Status: in_force

(a) General rule.--A proceeding to open a sanitary sewer shall be void if a borough:

(1) lays out any sanitary sewer over or under private property which is located in whole or in part within the limits of the borough; and

(2) does not proceed to open the sanitary sewer and to assess the damage arising therefrom within two years from the enactment of the ordinance.

(b) Exception.--If a borough has laid out a sanitary sewer without the enactment of an ordinance prior to July 16, 2012, and has not opened the sanitary sewer, the proceedings shall not be deemed to be void. The borough shall have two years from July 16, 2012, to open the sanitary sewer or the whole proceeding shall be void.
8 Pa.C.S. § 1183 — PA Code / Title 8 / Chapter 11 / Section 1183
Rejection of applicant and hearing.
Status: in_force

(a) General rule.--The commission may refuse to examine or, if examined, may refuse to certify after examination as eligible any 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 to which the applicant seeks employment;

(3) is illegally using a controlled substance, as defined in section 102 of the Controlled Substances Act (Public Law 91-513, 21 U.S.C. § 802);

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

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

(6) is affiliated with any group whose policies or activities are subversive to the form of government enumerated in the Constitutions and laws of the United States and this Commonwealth.

(b) Hearing requirements.--

(1) If an applicant is aggrieved by the refusal of the commission to certify the applicant as eligible after examination or a person is aggrieved by refusal of the commission to examine the person, the commission shall, at the request of the applicant or person aggrieved, within ten days, appoint a time and place for a public hearing.

(2) At the hearing, the applicant or person aggrieved may appear with or without counsel, and the commission shall take testimony and review its refusal to provide examination or certification.

(3) The deliberations of the commission, including interim rulings on evidentiary or procedural issues, may be held in the nature of a closed executive session.

(4) The 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).

(5) The decision of the commission shall be final. Cross References. Section 1183 is referred to in sections 1184, 1186, 1188 of this title.
8 Pa.C.S. § 2455 — PA Code / Title 8 / Chapter 24 / Section 2455
Issue of bonds.
Status: in_force

The borough may, upon the request of the commissioners of the water system, issue general obligation or nondebt revenue bonds for the extension of the water system or the erection of a new water system. The bonds shall be designated "water system bonds" and shall be issued and sold in the manner provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).
8 Pa.C.S. § 2010 — PA Code / Title 8 / Chapter 20 / Section 2010
Notice of certain ordinances.
Status: in_force

No ordinance for any construction of sewers or treatment works beyond the limits of the borough shall be enacted until notice of the ordinance has been given in all of the following manners:

(1) By publication of the proposed ordinance once a week for four weeks in one newspaper of general circulation.

(2) By serving copies of the proposed ordinance at least ten days before the enactment of the ordinance upon all land owners through whose land the sewer is to pass or on whose lands any treatment works are to be located.
8 Pa.C.S. § 1903 — PA Code / Title 8 / Chapter 19 / Section 1903
Boundary bridges.
Status: in_force

If a bridge or viaduct crosses the boundary line of a borough and another municipality, the borough may enter into an intergovernmental cooperation agreement in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) with the municipality for the construction and maintenance of the bridge and shall apportion the costs according to the intergovernmental agreement.
8 Pa.C.S. § 1202 — PA Code / Title 8 / Chapter 12 / Section 1202
Specific powers.
Status: in_force

The powers of the borough shall be vested in the council. In the exercise of any specific powers involving the enactment of an ordinance or the making of any regulation, restriction or prohibition, the borough may provide for enforcement and penalties for violations. The specific powers of the borough shall include the following:

(1) To prescribe reasonable fees for the services of the borough's officers and to enforce the payment of the fees. This paragraph shall not be applicable to the services rendered by borough police officers in responding to motor vehicle accidents pursuant to 53 Pa.C.S. § 1392 (relating to prohibition of fees for police services).

(2) In the operation of its utilities, parking meters, parking lots, recreational facilities and other facilities and services, to make and regulate charges for them for general borough purposes.

(3) To impose fines and penalties, incurring partial or total forfeiture, or to remit the same.

(4) To prohibit and remove any nuisance or dangerous structure on public or private grounds, including, but not limited to, accumulations of garbage and rubbish, the storage of abandoned or junked automobiles and obstructions or nuisances in the streets of the borough. The borough may require the removal of any nuisance or dangerous structure by the owner or occupier of the grounds or 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, or the borough may seek relief by bill in equity.

(5) To make regulations as may be necessary for the health, safety, morals, general welfare and cleanliness and beauty, convenience, comfort and safety of the borough.

(6) To make regulations respecting vaults, cesspools and drains.

(7) To make regulations relative to the accumulation of manure, compost and the like to the extent authorized by 3 Pa.C.S. Ch. 5 (relating to nutrient management and odor management).

(8) (Reserved).

(9) To the extent not otherwise prohibited by the act of December 7, 1982 (P.L.784, No.225), known as the Dog Law, to destroy dogs found at large contrary to laws of this Commonwealth, to prohibit or regulate, by ordinance, the running at large of dogs, cats or other pets and, in the enforcement of the regulations, to direct the seizure, detention or killing of dogs, cats or other pets, prescribing reasonable charges for their seizure and detention and to provide for their sale for the benefit of the borough in default of the redemption of the pet by its owners.

(10) To enact ordinances prohibiting or regulating the keeping or running at large of livestock and fowls and any other animals not covered in paragraph (9) and authorizing their seizure, detention or, in the case of unowned pigeons, humane destruction. The borough may prescribe reasonable charges for the seizure and detention of the animals and provide for their sale for the benefit of the borough in default of the redemption of the animals by their owners. Ordinances enacted under this paragraph shall not unreasonably interfere with any agricultural operation to the extent prohibited by applicable State law.

(11) To regulate the emission of smoke from chimneys, smokestacks and other sources to the extent the regulation is not otherwise prohibited by applicable Federal or State law. This paragraph shall not apply to locomotive smokestacks.

(12) To regulate the streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains, and the heights, grades, widths, slopes and their construction, and to prohibit the erection or construction of any building or other obstruction to the convenient use of the same.

(13) To prohibit or regulate the riding, driving, parking or other passage of any animal or vehicle over, along

and across sidewalks. As used in this paragraph, the term "vehicle" shall include any device in, upon or by which any person or property may be transported. The term shall not include a self-propelled wheelchair or an electrical mobility device operated by and designed for the exclusive use of a person with a mobility-related disability.

(14) To adopt ordinances defining disorderly conduct or disturbing the peace within the limits of the borough and to provide for the imposition of penalties for the conduct in amounts, without limitation except as provided under this part, as council shall establish, and notwithstanding any laws of this Commonwealth upon disorderly conduct or disturbing the peace and the penalties.

(15) To adopt and enforce a construction code, a property maintenance code and a fire prevention code and exercise any additional reserved powers pursuant to Chapter 32A (relating to uniform construction code, property maintenance code and reserved powers).

(16) To 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 paragraph 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.

(17) To provide for fireworks and inflammable articles as follows:

(i) To regulate and prohibit, by ordinance, the manufacture of fireworks or inflammable or dangerous articles.

(ii) To grant permits for supervised public displays of fireworks and adopt rules and regulations governing the displays.

(iii) To adopt, by ordinance, rules and regulations not inconsistent with State regulations relating to the storage of inflammable articles.

(iv) To impose, by ordinance, other safeguards concerning inflammable articles as may be necessary.

(18) To require and regulate the numbering of buildings and lots.

(19) To make regulations respecting partition fences and the foundations and party walls of buildings.

(20) To provide for the prohibition, licensing and regulation of business as follows:

(i) In addition to licensing in accordance with
8 Pa.C.S. § 211 — PA Code / Title 8 / Chapter 2 / Section 211
Temporary preservation, organization and election of officers.
Status: in_force

(a) Government.--The following shall apply:

(1) A newly incorporated area under section 201 (relating to contiguous areas) shall continue to be governed as before the incorporation until the first Monday of January

following the municipal election after the issuance of the final decree establishing the new borough.

(2) After a newly incorporated area is no longer governed as before the incorporation under paragraph (1), the officers of the borough who are elected, under section 805 (relating to election after creation), at the municipal or special election shall begin their terms of office, and the borough government shall be considered to be duly organized under this part.

(b) Election.--Borough officers shall be elected at:

(1) the next municipal election occurring at least 90 days following the issuance of the decree establishing the borough; or

(2) at the request of the petitioners, a special election called by the court of common pleas.

(c) Special election.--If a special election is held under subsection (b)(2), the court shall do all of the following:

(1) Fix the time, place and manner of holding the special election.

(2) Designate an individual to give notice of the special election and the manner of the special election.

(3) Appoint from among the electors of the newly established borough a judge and inspectors to hold the election.

(d) Terms.--The following shall apply:

(1) Municipal officers elected at a special election held under subsection (c) shall serve until the first Monday in January following the next succeeding municipal election.

(2) The successors of municipal officers under paragraph

(1) shall be elected as provided under section 805 and shall take office upon completion of municipal officer's service under paragraph (1). Cross References. Section 211 is referred to in sections 205, 213 of this title.
8 Pa.C.S. § 1103 — PA Code / Title 8 / Chapter 11 / Section 1103
Bonds.
Status: in_force

If an appointed officer or employee of a borough is required by law or action of council to give bond for the faithful performance of the officer's or employee's duties, the borough may pay the premium on the bond. All bonds required to be given by borough officials or employees shall be with a surety company authorized by law to act as surety. The borough shall pay a proportionate share of the cost of the bond of an appointed tax collector in the same ratio as provided in section 804 (relating to term and bonds) for elected tax collectors.
8 Pa.C.S. § 205 — PA Code / Title 8 / Chapter 2 / Section 205
Borough government and requisites of charter.
Status: in_force

(a) Time.--When the petition and the final decree granting the petition have been recorded, the area shall become an incorporated borough and shall be entitled to the rights, privileges and immunities conferred under this part, except as provided under section 211 (relating to temporary preservation, organization and election of officers).

(b) Charter.--The final decree of the court granting the petition shall constitute the charter of the borough. All charters granted under this part shall include:

(1) The corporate name of the borough.

(2) The boundaries of the borough.
8 Pa.C.S. § 2603 — PA Code / Title 8 / Chapter 26 / Section 2603
Proceedings.
Status: in_force

The proceedings before the viewers for the assessment of damages for property taken, injured or destroyed under this chapter and the proceedings on their report shall be as provided in 26 Pa.C.S. (relating to eminent domain). The costs of all proceedings, including the compensation of the viewers, shall be paid by the borough.
8 Pa.C.S. § 1107 — PA Code / Title 8 / Chapter 11 / Section 1107
Assistant treasurer.
Status: in_force

A council may, by resolution, appoint an assistant treasurer who may not be a member of the council. Council may appoint the assistant treasurer as the assistant secretary if the assistant treasurer is not a member of council. The assistant treasurer shall assist the treasurer in the performance of the treasurer's duties and, in case of absence or disability of the treasurer, shall perform the duties and may exercise the powers of the treasurer.
8 Pa.C.S. § 1059.2 — PA Code / Title 8 / Chapter 10 / Section 1059.2
Attorney to auditors.
Status: in_force

The borough auditors may employ an attorney if deemed advisable by a majority of the auditors. The auditors, with the agreement of council, shall determine the compensation to be paid to the attorney. If the auditors and council 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 borough general fund.
8 Pa.C.S. § 1059.8 — PA Code / Title 8 / Chapter 10 / Section 1059.8
Attorney fees.
Status: in_force

(a) Fees awarded.--Upon final determination of an appeal taken under section 1059.4 (relating to appeals from audit) from any report, audit or settlement of the account of any borough officer, attorney fees shall be awarded as follows:

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

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

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

(i) the borough to pay a portion of reasonable attorney fees incurred by the officer in connection with the surcharge proceeding; or

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

(b) Other accounts.--The attorney fees in case of appeals involving accounts other than those of borough officers shall be allocated in the court's discretion. Cross References. Section 1059.8 is referred to in section 1059.11 of this title.
8 Pa.C.S. § 814 — PA Code / Title 8 / Chapter 8 / Section 814
Increase in number of ward council members.
Status: in_force

Council may, upon petition of at least 5% of the registered electors of the borough, increase the number of members of council to any number not exceeding two for each ward. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to council.
8 Pa.C.S. § 1312 — PA Code / Title 8 / Chapter 13 / Section 1312
Modification of budget and supplemental appropriations and transfers.
Status: in_force

The council in its reasonable discretion may, in any year, by motion, modify the budget after its final adoption. New appropriations, supplementary appropriations and transfers from one appropriation to another may be made during the fiscal year, either before or after the expenditure is authorized or ratified after the expenditure is made, if it is within the current year's revenues, or the money is promptly made available through borrowing as allowed by law.
8 Pa.C.S. § 1402 — PA Code / Title 8 / Chapter 14 / Section 1402
Regulation of contracts.
Status: in_force

(a) Requirements.--All contracts or purchases in excess of the base amount of $18,500, subject to adjustment under subsection (a.2), except those mentioned in this section and except as provided by the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall not be made except with and from the lowest qualified and responsible bidder after due notice in one newspaper of general circulation, at least two times at intervals of not less than three days where daily newspapers of general circulation are available for publication and, in case of weekly newspapers, notice once a week for two successive weeks. The first advertisement shall be published not more than 45 days and the second advertisement not less than ten days prior to the date fixed for the opening of bids. Advertisements for contracts or purchases must also be posted in a conspicuous place within the borough. Advertisements for contracts and purchases must contain the date, time and location for opening of bids and must state the amount of the performance bond determined under subsection

(c). The amount of the contract must in all cases, whether of straight sale price, conditional sale, lease, lease purchase or otherwise, be the entire amount which the borough pays to the successful bidder or the bidder's assigns in order to obtain the services or property, or both, and may not be construed to mean only the amount that is paid to acquire title or to receive another particular benefit of the whole bargain.

(a.1) Price quotations.--Written or telephonic price quotations from at least three qualified and responsible contractors must be requested for contracts in excess of the base amount of $10,000, subject to adjustment under subsection

(a.2), and less than the amount requiring advertisement and competitive bidding, or, in lieu of price quotations, a memorandum must 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 must be made and must 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 must be retained for a period of three years. Written price quotations as used throughout this section include electronic mail.

(a.2) Adjustments to base amounts.--Adjustments to the base amounts specified under subsections (a) and (a.1) must 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 of Labor and Industry determines that there is no positive percentage change, no adjustment to the base amounts may occur for the relevant time period provided for in this subsection.

(3)

(i) If the Department of Labor and Industry determines that there is a positive percentage change in the first year that the determination is made under paragraph (1), the positive percentage change must be multiplied by each base amount, and the products must be added to the base amounts, respectively, and the sums must be preliminary adjusted amounts.

(ii) The preliminary adjusted amounts must be rounded to the nearest $100 to determine the final adjusted base amounts for purposes of subsections (a) and (a.1).

(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 must be multiplied by the most recent preliminary adjusted amounts, and the products must be added to the preliminary adjusted amount of the prior year to calculate the preliminary adjusted amounts for the current year. The sums must be rounded to the nearest $100 to determine the new final adjusted base amounts for purposes of subsections (a) and (a.1).

(5) The determinations and adjustments required under this subsection must 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) become effective January 1 for the calendar year following the year in which the determination required under paragraph

(1) is made.

(7) The Department of Labor and Industry shall publish notice 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 telephonic price quotations are required under subsection (a.1), respectively, for the calendar year beginning January 1 after publication of the notice. The notice must 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) may not exceed 3%.

(b) Awarding contracts and authority of council.--

(1) The award of contracts must be made by public announcement at the meeting at which bids are received, or at a subsequent meeting, the time and place of which shall be publicly announced when bids are received. If for any reason one or both of the meetings are not held, the same business may be transacted at a subsequent meeting if at least five days' notice shall be published in the newspaper of general circulation. At council's 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 council determines, and, when requested, no bid may be considered unless so accompanied.

(2) Notwithstanding paragraph (1), council may direct that a committee of council, a member of council or a member of the borough staff receive, open and review bids during normal business hours and forward the information to council for subsequent award at a public meeting. Bidders must be notified and other interested parties, upon request, must be notified of the date, time and location of the opening of bids and may be present when the bids are opened.

(c) Security.--The successful bidder when advertising is required may, at the discretion of council, be required to furnish a bond or irrevocable letter of credit or other security with suitable reasonable requirements guaranteeing the work to be done with sufficient surety in an amount as determined by council that must 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 council shall prescribe a shorter period of not less than ten days, and, upon failure to furnish the security within the time, the previous award is void. Deliveries, accomplishment and guarantees may be required in all cases of expenditures.

(d) Contracts or purchases.--The contracts or purchases made by council, which shall not require advertising, bidding or price quotations as provided in this part, are as follows:

(1) Those for routine maintenance, repairs or replacements for water, electricity or public works of the borough, if they do not constitute new additions, extensions or enlargements of existing facilities and equipment, but security may be required by council, as in other cases of work done.

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

(1.2) Those 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 borough. 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 council and adopted at the next public meeting.

(2) Those made for improvements, repairs and maintenance of any kind, made or provided by a borough, through its own employees, if the materials used for street improvement, maintenance or construction in excess of the amount specified or adjusted under subsection (a.1) are subject to the relevant price quotation or advertising requirements contained in this section.

(3) Those under which particular types, models or pieces of new equipment, articles, apparatus, appliances, computer software, vehicles or parts of vehicles are desired by council, which are patented and manufactured or copyrighted products.

(3.1) Those for used personal property, such as equipment, articles, apparatus, appliances, vehicles or parts of vehicles 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.

(4)

(i) Those involving a policy of insurance or a surety company bond.

(ii) Those made for utility service for borough purposes, including, but not limited to, those made for natural gas or telecommunications services and electricity.

(iii) (Deleted by amendment).

(iv) Those made with another political subdivision, or a 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 Commonwealth, the Federal Government, an agency of the Commonwealth or the Federal Government, or a municipal authority, including the sale, lease or loan of any supplies or materials by the Commonwealth or the Federal Government or their agencies. The price may not be in excess of that fixed by the Commonwealth, the Federal Government or their agencies.

(5) Those involving personal or professional services.

(6) Those made relating to the purchase of electricity and associated energy and related services by a borough owning or operating electric generation or distribution facilities with any of the following:

(i) A political subdivision.

(ii) Another state.

(iii) The Commonwealth or a Commonwealth agency.

(iv) The Federal Government.

(v) A private corporation.

(vi) An electric cooperative corporation under 15 Pa.C.S. Ch. 73 (relating to electric cooperative corporations).

(vii) A nonprofit membership corporation. As used in this subparagraph, the term "nonprofit membership corporation" means an entity, the membership of which:

(A) consists solely of Commonwealth boroughs, such as a consortium, buying group or municipal power agency under section 24A04 (relating to municipal power agencies); or

(B) consists of Commonwealth boroughs and political subdivisions of another state.

(viii) An electric cooperative of another state. Nothing in this paragraph prohibits council from engaging in advertising, bidding or price quotations if the council determines that the advertising, bidding or price quotations are in the public interest.

(7) Those made for materials and supplies or equipment rental under emergency conditions under 35 Pa.C.S. Pt. V (relating to emergency management services).

(e) Applicable law.--Council 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).

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

(1) Full disclosure of the relevant information regarding the sharing of the compensation or fees must be made to the council of the borough.

(2) The council of the borough 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. (Oct. 24, 2018, P.L.673, No.99, eff. 60 days; Oct. 24, 2018, P.L.885, No.140, eff. 60 days) 2018 Amendments. Act 99 amended subsec. (d)(1), (4)(ii) and

(6), added subsec. (d)(1.1), (1.2) and (7) and deleted subsec.

(d)(4)(iii) and Act 140 amended subsec. (d)(3.1). Cross References. Section 1402 is referred to in sections 1403, 1405 of this title.
8 Pa.C.S. § 24A02 — PA Code / Title 8 / Chapter 24 / Section 24A02
General powers.
Status: in_force

(a) Electric plants and projects.--A borough may, either singly or jointly, manufacture or purchase electricity for the use of its inhabitants and own, construct, acquire by lease, purchase or otherwise gain an interest in, operate and manage or cause to be operated and managed an electric plant or project located within or without this Commonwealth. In the exercise of these powers, a borough may join with any other borough, political subdivision, agency or instrumentality of the Federal Government, State government, political subdivision of another state, private corporation empowered to supply electricity,

electric cooperative corporation formed under 15 Pa.C.S. Ch. 73 Subchs. A (relating to preliminary provisions) and B (relating to powers, duties and safeguards) or previously formed under the former act of June 21, 1937 (P.L.1969, No.389), known as the Electric Cooperative Corporation Act, or an electric cooperative corporation in another state.

(b) Contracts for supplying electricity.--A borough owning or operating an electric plant may make contracts for supplying electricity for commercial purposes outside the limits of the borough if the borough has received the consent of the other municipal governing body and, if applicable, subject to 66 Pa.C.S. Pt. I (relating to Public Utility Code).

(c) Additional sources.--A borough may conduct studies as necessary to determine the feasibility and cost of any additional sources and supplies of electric power and energy and may cooperate with private power companies, other boroughs, electric cooperative corporations and other public or private electric power entities, within or without this Commonwealth, in the development of electric power and energy.

(d) Consent of borough to supply electricity.--No person, partnership or corporation may introduce electric current for light, heat or power purposes, without the consent of the council, into the limits of any borough that is furnishing electric current to its inhabitants. This subsection shall not apply to any person, partnership or corporation manufacturing electricity exclusively for its own use.

(e) Corporate rights.--Nothing in this chapter may conflict with the corporate rights of a corporation empowered to supply electricity in the territory adjacent to the borough or with the rights of any other municipality.

(f) Restrictions.--A borough shall not become a stockholder in, obtain or appropriate money for or loan its credit to a corporation, association, institution or individual or otherwise act contrary to the provisions of section 9 of Article IX of the Constitution of Pennsylvania.

(g) General powers.--A borough, through its governing body, shall have the power to do and accomplish all actions reasonably necessary and incident to the administration, operation and management of a plant or project. Cross References. Section 24A02 is referred to in sections 24A03, 24A05 of this title.
8 Pa.C.S. § 1177 — PA Code / Title 8 / Chapter 11 / Section 1177
Minutes and records.
Status: in_force

The commission shall maintain minutes of its proceedings and records of examinations and other official actions. All recommendations of applicants for appointment received by the commission shall be kept and preserved for a period of five years, and all records and all written causes of removal filed with the commission, except as otherwise provided in section 1191 (relating to hearings on dismissals and reductions), shall be open to public inspection and subject to reasonable regulation.
8 Pa.C.S. § 2437 — PA Code / Title 8 / Chapter 24 / Section 2437
Permits.
Status: in_force

The construction of a water system shall 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.
8 Pa.C.S. § 1307 — PA Code / Title 8 / Chapter 13 / Section 1307
Preparation of budget.
Status: in_force

Prior to the adoption of the budget, a proposed budget or annual estimate of revenues and expenditures for the ensuing

year shall be prepared in a manner designated by the council. The proposed budget shall be kept on file with the borough secretary and be made available for public inspection by the borough secretary for a period of ten days. (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days)
8 Pa.C.S. § 1186 — PA Code / Title 8 / Chapter 11 / Section 1186
Probationary period.
Status: in_force

(a) General rule.--An original appointment to a position in the police force or as a paid fire apparatus operator shall be for a probationary period of not less than six months and not more than one year, but during the probationary period an appointee may be dismissed only for a cause specified in section 1183 (relating to rejection of applicant and hearing) or because of incapacity for duty due to the use of alcohol or drugs.

(b) Notice denying permanent appointment.--

(1) If, at the close of a probationary period, the conduct or fitness of the probationer has not been satisfactory to the council, the probationer shall be notified in writing that the probationer will not receive a permanent appointment and the appointment shall cease.

(2) If the probationer is not notified or dismissed in accordance with this section, the probationer's retention shall be equivalent to a permanent appointment.

(c) Finality of decision.--The decision of a borough to suspend or discharge a probationer shall be final and shall not be subject to the hearing provisions of section 1191 (relating to hearings on dismissals and reductions).
8 Pa.C.S. § 1802 — PA Code / Title 8 / Chapter 18 / Section 1802
Sidewalks on land abutting State highways and along roads outside borough.
Status: in_force

Any borough may, by ordinance, lay out sidewalks, gutters and surface water drains upon land abutting the sides of State highways and upon land abutting the sides of public roads, where the roads are outside the borough limits, but the land upon which the sidewalks, gutters and surface water drains are to be laid out is within the borough limits. Cross References. Section 1802 is referred to in section 1805 of this title.
8 Pa.C.S. § 1708 — PA Code / Title 8 / Chapter 17 / Section 1708
Street lighting, ornamental lighting and traffic control signals and devices.
Status: in_force

Council may provide street lights and ornamental lighting and make regulations for the protection of lighting. Council may assess the costs for the erection of lighting in accordance with Chapter 21A (relating to assessments and charges for public improvements). Council may provide for the erection, maintenance and operation of traffic control signals and devices in accordance with 75 Pa.C.S. (relating to vehicles).
8 Pa.C.S. § 1721.2 — PA Code / Title 8 / Chapter 17 / Section 1721.2
Laying out streets and procedure.
Status: in_force

(a) Streets deemed to be laid out.--A street identified in a plan of streets, an official map adopted in accordance with the Pennsylvania Municipalities Planning Code or a recorded subdivision or land development plan is deemed to be laid out for purposes of this part.

(b) Future street opening.--A borough has the authority, by ordinance, to lay out an area for future opening as a public street. The proposed ordinance laying out the street must be advertised in a newspaper of general circulation once a week for two successive weeks. On or before the publication of the first advertisement, personal notice must be provided to the owners of a property abutting the proposed street or through which the proposed street is to be laid out, and, if the proposed street will lead into an adjacent municipality, a copy of the proposed ordinance must be sent to the adjacent municipality. The proposed ordinance must have appended to the ordinance or referenced a map sufficient to apprise the public of the proposed location, profile and dimensions of the street and must list the names of the owners of a property through which the proposed street has been laid out.

(c) Hearing, notice and enactment.--Within ten days after the second publication of the notice required under subsection

(b), an interested party may petition council for a hearing, which council shall hold within 60 days after the date of the petition. Council shall give at least 15 days' notice of the hearing in a newspaper of general circulation and by personal notice to persons entitled to the notice under subsection (b). Council may enact the ordinance no later than 30 days following the date of the hearing or, where no timely petition has been filed, within 30 days of the second publication of the notice required by subsection (b). The enactment of the ordinance constitutes public notice of the borough's intent to recognize the street within the system of borough streets and the borough's rights in the street. Within 30 days of the enactment of the ordinance, a party aggrieved by council's action may appeal to the court of common pleas.

(d) Filing of ordinance.--If, at the time of the enactment of an ordinance in accordance with subsection (c), the lines of the laid out street include property not subject to use as

a public passageway, the ordinance must be filed with the recorder of deeds of the county where the borough is located. The recorder of deeds shall index the ordinance by name of borough, name of the property owner and, if applicable, parcel number of the property through which the proposed street is laid out.

(e) Landowners.--If a street has been laid out by ordinance as provided in this section, the owner or subsequent owner has no right to damages for buildings or improvements placed on streets after the date of enactment, and the buildings or improvements must be removed at the expense of the landowner after the opening of the street in accordance with this part.

(f) Laying out without opening.--The laying out of a street, without opening the street, creates no right to public use of the street and does not constitute the taking or acceptance of a property or obligate the borough to improve or maintain the street or the property on which the street has been laid out.

(g) Previously laid out streets.--Nothing in this section may affect the validity or legal effect of a street laid out in accordance with law prior to July 16, 2012. Cross References. Section 1721.2 is referred to in sections 1712, 1724 of this title.
8 Pa.C.S. § 2002 — PA Code / Title 8 / Chapter 20 / Section 2002
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 pursuant to Chapter 21A (relating to assessments and charges for public improvements).
8 Pa.C.S. § 1782 — PA Code / Title 8 / Chapter 17 / Section 1782
Acquisition of property for unobstructed view.
Status: in_force

(a) General rule.--Any borough may, singly or jointly with another municipality, acquire, by purchase or by the right of eminent domain, a free and unobstructed view down and across lands located at or near the intersection of any two streets or highways or a street or highway and a railroad or railway or at a curve in any street or highway as may be necessary to accomplish the following:

(1) Assure a free and unobstructed view in all directions at the crossings.

(2) Prevent the use of the lands for any purpose or in any manner which may interfere with or obstruct the view of persons traveling upon the street or highway.

(b) Obstructions to be abated or removed.--After condemnation, the borough may abate or remove or cause to be abated or removed any obstruction to the view over and across the lands except poles used in furnishing service to the public.

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

(d) Use of lands.--Upon the purchase or condemnation of a view, the owner of the lands may make every use of the lands as will not interfere with a free and unobstructed view at the dangerous crossing or curve.
8 Pa.C.S. § 1305 — PA Code / Title 8 / Chapter 13 / Section 1305
Date tax duplicate to issue.
Status: in_force

Council shall, within 30 days after adoption of the budget or within 30 days after receipt of the assessment roll from the county, whichever is later, issue their duplicate of taxes assessed to the collector of taxes of the borough.
8 Pa.C.S. § 2458 — PA Code / Title 8 / Chapter 24 / Section 2458
Care of funds.
Status: in_force

(a) Collectors.--Collectors shall be appointed by the commissioners, in accordance with section 2454 (relating to powers of commission), who shall collect all money for water rents.

(b) Deposits.--The money collected shall be deposited weekly with the borough treasurer who shall return a receipt to the commissioners.

(c) Use.--All money collected shall be kept in a separate fund and shall be used for the purpose of repairing, maintaining and extending the water system and the construction of a new water system. All money remaining after the expenditures shall be used solely for the payment of any indebtedness on the water system and any indebtedness incurred by the borough for constructing, maintaining, improving, enlarging or extending the water system.

(d) Withdrawals.--No money shall be drawn from the fund except upon order countersigned by the president and secretary of the commission.
8 Pa.C.S. § 1071 — PA Code / Title 8 / Chapter 10 / Section 1071
Acceptance by ordinance.
Status: in_force

(a) General rule.--This subchapter shall not become operative or effective in any borough not having a controller until the borough shall, by ordinance, accept this chapter. If a borough accepts this subchapter, the court of common pleas, upon petition of council, shall appoint a controller to hold office until the first Monday of January following the next municipal election at which a controller shall be elected under this part.

(b) Continuation of borough auditors.--In all boroughs accepting this subchapter, the borough auditors then in office or the appointed auditor serving as borough auditor shall continue to hold office until the first day of January following the election of a borough controller after which date the office of borough auditor shall be abolished.

(c) Discontinuation.--A borough may discontinue the office of controller and either reestablish the office of elected auditor or the position of appointed auditor by repealing the ordinance under which the office of controller was created. The controller in office at the time of the repeal shall continue in office until the end of the controller's term.
8 Pa.C.S. § 2425 — PA Code / Title 8 / Chapter 24 / Section 2425
Authority to purchase and consent to sell.
Status: in_force

(a) Authority to purchase.--After the value is finally determined, the borough is authorized to buy the water system at the valuation fixed.

(b) Consent to sell.--The person, firm or corporation owning the water system shall, within ten days after notice, file in the court of common pleas its consent to sell and convey its water system and property to the borough at the valuation fixed. In default of the filing of the consent, the person, firm or corporation shall cease to have any exclusive privilege of supplying the borough or the citizens of the borough with water, and the borough may install the water system as may be necessary for the accommodation of the public.