8 Pa.C.S. § 1801 — PA Code / Title 8 / Chapter 18 / Section 1801
Power to lay out, establish and compel construction of sidewalks.
Status: in_force

(a) General rule.--

(1) Any borough may, by ordinance, lay out and establish sidewalks, curbs, gutters and surface water drains along any street and, with the consent of the Secretary of Transportation, along any State highway.

(2) The borough may also require owners of property abutting on any street or State highway to grade, construct, drain, pave and repave the sidewalk, curb or gutter and keep them in repair and in safe and usable condition along the property at the grades and under the regulations and specifications as council may prescribe.

(b) (Reserved). Cross References. Section 1801 is referred to in section 1805 of this title.
8 Pa.C.S. § 1143 — PA Code / Title 8 / Chapter 11 / Section 1143
Other offices not incompatible.
Status: in_force

(a) General rule.--The offices of borough manager, street commissioner, secretary, treasurer and chief of police shall not be incompatible, and any two or more or all of the offices may be held by one person. Neither the mayor nor any member of the council shall be eligible to hold the office of borough manager.

(b) Applicability.--In the case of a partnership, limited partnership, association or professional corporation appointed as the borough manager, the restriction under subsection (a) shall apply to each officer and employee who directly provides services as required or authorized by the agreement. (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days)
8 Pa.C.S. § 2800 — PA Code / Title 8 / Chapter 28 / Section 2800
Appropriations for burial ground maintenance.
Status: in_force

A borough may appropriate annually, out of the general funds of the borough, a sum for the care, upkeep, maintenance and beautifying of:

(1) cemeteries and burial grounds lying wholly or partly within the boundary limits of the borough or in the territory immediately adjacent to the borough; and

(2) private roads in or leading to property under paragraph (1).
8 Pa.C.S. § 606 — PA Code / Title 8 / Chapter 6 / Section 606
Terms of officers.
Status: in_force

(a) Appointment.--Except as provided under subsection (b), if council divides a borough into wards, it shall request the court of common pleas to appoint for each ward a judge and two inspectors of election to hold elections until the officers of the ward may be elected.

(b) Expiration.--Except as provided under subsection (a), officers in office at the time any changes are made under this chapter shall remain in office until the expiration of the terms for which they have been elected. If a vacancy occurs, the vacancy shall be filled by the council, until the first Monday of January next succeeding the election at which the officers are to be elected, as provided under Chapter 8 (relating to elections of officers).
8 Pa.C.S. § 1721.1 — PA Code / Title 8 / Chapter 17 / Section 1721.1
Power to lay out, open, etc.
Status: in_force

(a) Authority of borough.--In accordance with the provisions of this chapter, boroughs may, with or without petition of abutting property owners, lay out, open, widen, straighten, alter, extend and improve, and may establish or reestablish the grades of, and keep in order and repair and in safe passable condition, a street or portion of a street within the borough limits or may vacate the street or portion of a street if deemed expedient for the public good and provide for the costs of alteration.

(b) Laying out or opening streets.--Boroughs may lay out or open:

(1) a street or portion of a street as it appears upon a borough plan or an official map adopted in accordance with the Pennsylvania Municipalities Planning Code or is described in an ordinance adopted in accordance with this chapter;

(2) a street or portion of a street that the borough determines to acquire by eminent domain;

(3) a street to which the public has acquired rights by constant use over a period exceeding 21 years; or

(4) a street or portion of a street, laid out or constructed by a person that the borough sees fit to open or accept as provided in this chapter.
8 Pa.C.S. § 2021 — PA Code / Title 8 / Chapter 20 / Section 2021
Joint sanitary sewer systems.
Status: in_force

(a) General rule.--Pursuant to 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation), boroughs may contract with other municipal corporations providing for the joint construction or maintenance of sanitary sewer systems and for the joint construction onto existing sanitary sewer systems. The agreement shall provide for the apportionment of costs among the municipal corporations. The council may assess the borough's respective portion of the costs, as may be legally assessable, upon property benefited by the facilities pursuant to Chapter 21A (relating to assessments and charges for public improvements). Any portion of the cost not assessed or assessable shall be paid by the respective municipal corporations under the agreement.

(b) Composition of joint sanitary sewer board.--

(1) The municipal corporations joining or contemplating joining in any improvement, in order to facilitate the building of the sanitary sewer system and in securing preliminary surveys and estimates, may, by ordinance, provide for the appointment of a joint sanitary sewer board composed of one representative from each of the municipal corporations joining. The board shall act as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance.

(2) Members of the joint sanitary sewer board shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed. The joint sanitary sewer board shall organize by the election of a chair, secretary and treasurer. The secretary and treasurer may be the same person.

(3) The municipal corporations may, in the ordinances creating the joint sanitary sewer board, authorize the board to appoint an engineer, a solicitor and other assistants as are deemed necessary and agree to the share of the

compensation of those persons each municipal corporation is to pay.

(4) The members of the joint sanitary sewer board shall receive compensation for attending board meetings as established in the budget that is prepared by the joint sanitary sewer board and submitted to and adopted by the municipal corporations. The members shall be entitled to actual expenses to be paid by the respective municipal corporations the members represent.

(c) Powers of the joint sanitary sewer board.--

(1) The joint sanitary sewer board may adopt rules and regulations consistent with the requirements of this part to govern its proceedings and shall prepare and suggest any practical measures and plans by which the joint improvement may be carried to successful completion and plan the future development of the system, so as to conform to a general plan.

(2) The joint sanitary sewer board may prepare a joint agreement or agreements for submission to and adoption by the municipal corporations defining the advisory and administrative powers of the joint sanitary sewer board and setting forth the following:

(i) Consents of the municipal corporations to the proposed improvement.

(ii) The manner in which preliminary and final plans, specifications and estimates for the proposed improvement shall be prepared and adopted.

(iii) How proposals for bids shall be advertised and contracts awarded.

(iv) The manner in which the costs of the improvement and other incidental and preliminary expenses in connection with the improvement and the future cost of operation and maintenance shall be equitably shared, apportioned and paid.

(v) All other matters, including the preparation and submission of annual and other budgets, as may be deemed necessary or required by law to complete the proposed improvement and to assure future maintenance and operation thereof.

(3) The joint sanitary sewer board may not make any improvement or spend any public money which has not first been authorized by all of the municipal corporations proceeding with the improvement.

(d) Eminent domain.--

(1) When it is necessary to acquire, appropriate, injure or destroy private property to build a joint sanitary sewer system or improvement and the property cannot be acquired by purchase or gift, the right of eminent domain shall vest in the municipal corporation where the property is located.

(2) When it is necessary to acquire, injure or destroy property in any territory not within the limits of any of the municipal corporations joining in the improvement, the right of eminent domain shall be vested in the municipal corporation adjacent to the territory where the property is located subject to 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(3) Damages for any property taken, injured or destroyed shall be assessed under laws relating to the municipal corporation exercising the right of eminent domain and shall be paid by the municipal corporations joining in the same proportion as other costs of the improvements.

(e) Indebtedness.--Each of the boroughs joining in the improvement shall have power to incur or increase its indebtedness, not exceeding the constitutional limits, for the purpose of paying its share or portion of the cost of the improvement in the manner now provided by law for the incurring of indebtedness.
8 Pa.C.S. § 5 — PA Code / Title 8 / Chapter 5 / Section 5
Applicability.
Status: in_force

The addition of 8 Pa.C.S. §§ 801(b) and 1104(f)(3) shall apply to officials elected or appointed to fill a vacancy in an elected office after the effective date of this section.
8 Pa.C.S. § 25A01 — PA Code / Title 8 / Chapter 25 / Section 25A01
Authority to secure lands for airports.
Status: in_force

A borough is authorized and empowered to acquire by lease, purchase or condemnation any land lying either within or without the limits of the borough which, in the judgment of the council, may be necessary and desirable for the purpose of establishing and maintaining municipal airport facilities. The proceedings for the condemnation of land under the provisions of this chapter and for the assessment of damages for property taken, injured or destroyed shall be conducted in the manner provided by 26 Pa.C.S. (relating to eminent domain). The title acquired by the borough exercising the power of condemnation shall be a title in fee simple.
8 Pa.C.S. § 2421 — PA Code / Title 8 / Chapter 24 / Section 2421
Petition to court.
Status: in_force

If a borough desires to own and operate a water system owned by any person, firm or corporation, the borough may present its petition to the court of common pleas of the county where the water system is located, setting forth that:

(1) The borough desires to own the water system.

(2) It will be necessary to issue bonds.

(3) A value should be placed upon the water system, including all property, real and personal, used in connection with the water system.
8 Pa.C.S. § 10A08 — PA Code / Title 8 / Chapter 10 / Section 10A08
President or vice president of council to act as mayor.
Status: in_force

(a) General rule.--If the mayor is absent or incapacitated or there is a vacancy in the office, the duties of the office shall be discharged by the president of council or, in the absence or incapacity of the president of council or if there is a vacancy in the office, by the vice president of council.

(b) Salary.--While discharging the duties of mayor, the president or vice president of council shall be entitled to the same salary as the mayor would receive and, during the time the salary is paid to the president or vice president of council as acting mayor, the mayor shall not be paid compensation.

(c) Veto and voting power.--The president or vice president of council while acting as mayor shall have power to veto a proposed ordinance or the annual tax resolution under section 1302(a) (relating to tax levy) or to break a tie but shall not have power to vote as a member of council. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsec. (c).
8 Pa.C.S. § 2422 — PA Code / Title 8 / Chapter 24 / Section 2422
Appointment of appraisers.
Status: in_force

(a) Valuation.--The court of common pleas shall appoint three civil engineers as appraisers to value and appraise:

(1) The water system.

(2) The property used in connection with the water system.

(3) The contracts or agreements with municipalities.

(b) Report.--The civil engineers shall file their report in the court within three months after their appointment unless the time is extended by the court.
8 Pa.C.S. § 1061 — PA Code / Title 8 / Chapter 10 / Section 1061
Oath and bond of controller.
Status: in_force

The borough controller shall, before entering upon the duties of office, take the required oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). The controller shall give bond to the borough with a surety company to be approved by the council, in a sum as council may direct by ordinance, conditioned for the faithful discharge of the controller's duties. The amount of the bond shall be sufficient to adequately protect the borough from any illegal or unfaithful action by the controller. The cost of the bond shall be paid by the borough.
8 Pa.C.S. § 1086 — PA Code / Title 8 / Chapter 10 / Section 1086
Powers and duties of tax collector.
Status: in_force

(a) General rule.--Except as otherwise provided in subsection (b), the tax collector shall be the collector of all State, county, borough, school, institution district and other taxes levied within the borough by the authorities empowered to levy taxes.

(b) Exception.--

(1) No tax collector may collect any tax levied and imposed under the act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act, unless the ordinance imposing the tax provides that the tax collector shall be the collector of the tax.

(2) No ordinance, however, may authorize the collection of income taxes in a manner other than that provided in
8 Pa.C.S. § 2758 — PA Code / Title 8 / Chapter 27 / Section 2758
Ordinance of sale.
Status: in_force

(a) Requirement.--If the council deems it expedient to sell or lease a municipal forest, a part of a municipal forest or a product from a municipal forest, it shall enact an ordinance setting forth the facts and conditions relating to the proposed action.

(b) Conditions.--In order to enact an ordinance under this section, there must be compliance with the advertising and bidding requirements of section 1201.1 (relating to real property).
8 Pa.C.S. § 1059.7 — PA Code / Title 8 / Chapter 10 / Section 1059.7
Findings of fact and law, judgment and appeals.
Status: in_force

After the hearing, the court shall file its findings of fact and law and enter judgment accordingly, and the judgment so entered may be enforced by the prevailing party by any appropriate proceeding. Appeals from the court's ruling may be taken in accordance with law.
8 Pa.C.S. § 2709 — PA Code / Title 8 / Chapter 27 / Section 2709
Establishment of recreation board.
Status: in_force

(a) Establishment.--If the council determines that the power to equip, operate and maintain recreation places shall be exercised by a recreation board, the council may, by ordinance, establish in the borough a recreation board which shall possess those powers and duties as may be delegated to it by ordinance.

(b) Composition.--The board shall consist of a minimum of five and a maximum of nine persons. Two of the members may be members or appointees of the school board of the school district in which the borough is located. If the board consists of seven members, three of the members may be members or appointees of the school board. The borough members of the board shall be appointed by the council and shall serve terms not longer than five years. The terms of the members shall be staggered in a manner that at least one member's term expires annually.

(c) Compensation.--Members of the board shall serve without pay.

(d) Vacancies.--Vacancies in the board, occurring otherwise than by expiration of term, shall be filled for the unexpired term in the same manner as original appointments.
8 Pa.C.S. § 3501 — PA Code / Title 8 / Chapter 35 / Section 3501
Repeals.
Status: reserved

(a) (Reserved).

(b) Inconsistent repeal.--All acts or parts of acts inconsistent with this part are repealed. This part shall furnish a complete and exclusive system for the government and regulation of boroughs, except as enumerated under section 102 (relating to excluded provisions).

(c) Law not repealed.--Nothing under this part shall be construed to repeal any of the following:

(1) A local or special law.

(2) A law relating to the Navigation Commission for the Delaware River and its Navigable Tributaries.

(3) A law, the enforcement of which is vested in the Department of Health.

(3.1) A law, the enforcement of which is vested in the Department of Environmental Protection.

(4) A law, the enforcement of which is vested in the Department of Conservation and Natural Resources.

(5) The act of December 31, 1965 (P.L.1257, No.511), known as The Local Tax Enabling Act.

(6) The act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law.

(7) 45 Pa.C.S. (relating to legal notices).

(8) 65 Pa.C.S. (relating to public officers).

(9) 66 Pa.C.S. Pt. I (relating to Public Utility Code).

(d) Revival.--Nothing under this part shall be construed to revive any act or part of a repealed act. APPENDIX TO TITLE 8 BOROUGHS ------- Supplementary Provisions of Amendatory Statutes ------- 2014, APRIL 18, P.L.432, NO.37
8 Pa.C.S. § 905 — PA Code / Title 8 / Chapter 9 / Section 905
Temporary auditor.
Status: in_force

If for any reason two or three vacancies exist in the office of borough auditors, the council may temporarily appoint and reasonably compensate a qualified individual, who need not be an elector of the borough, who shall have all the powers and duties of the two or three auditors whose offices are vacated.
8 Pa.C.S. § 25B06 — PA Code / Title 8 / Chapter 25 / Section 25B06
Rates and charges.
Status: in_force

(a) Council authorization.--Council may establish, alter, charge and collect rates and other charges for the:

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

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

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

(b) Method of collection.--The rates and other charges shall be collected under the act of May 16, 1923 (P.L.207, No.153), referred to as the Municipal Claim and Tax Lien Law, by a civil action or any other collection method authorized by law.
8 Pa.C.S. § 1732 — PA Code / Title 8 / Chapter 17 / Section 1732
Petition for opening or vacating street and action thereon.
Status: in_force

(a) Petitioning council.--Any person or persons constituting a majority in number and interest of the owner of the real estate abutting upon an area not opened as a street or abutting upon an existing street or portion of a street may petition the council to:

(1) Open or lay out and open the area as a street or portion of a street.

(2) Vacate a street or portion of a street.

(b) Hearing and decision.--Council shall hold a hearing after receiving a petition filed with council in accordance with subsection (a), following at least 15 days' personal notice to the owners of abutting real estate not joining in the

petition and following at least 15 days' notice thereof in a newspaper of general circulation. Following the hearing, council shall either by motion deny the petition or by ordinance open, lay out and open or vacate the street or portion of the street. The provisions of section 1731 (relating to authority to open and vacate streets and procedure) applicable to ordinances enacted by authority of that section apply to ordinances enacted by authority of this section.

(c) Release.--A petition for the vacation of a street or portion of a street may release the borough from the damages sustained as a result of the vacation if the petition is signed by the owners of the property abutting upon the street or portion of the street. Where the release has been included in the petition, no proceedings for award of damages may be had, and no damages as a result of the vacation may, under any conditions, be awarded to an abutting property owner. Cross References. Section 1732 is referred to in sections 1733, 1734 of this title.
8 Pa.C.S. § 812 — PA Code / Title 8 / Chapter 8 / Section 812
Election of members of council.
Status: in_force

(a) General rule.--If council, by ordinance, divides any borough into wards, erects new wards out of two or more wards or parts of wards or divides a ward already erected into two or more wards, the ordinance shall provide for the election of an equal number of members of council, in each of the wards,

in a manner as not to interfere with the terms of those previously elected.

(b) Election of members.--The following shall apply:

(1) If a borough is first divided into wards, the ordinance providing for the division shall fix the number of members of council in each ward at not more than two. If the entire number of council is to be composed of an even number, one-half of the entire number must be elected at each municipal election. If the entire number of council is to be an odd number, the ordinance shall establish two classes and provide that one-half of the entire number of members of council, less one, shall, as soon as possible, take their office in a year divisible by four, and the remaining number of members of council shall take their office in an even-numbered year not divisible by four.

(2) The apportionment under paragraph (1) shall be equal or as nearly equal as possible representation by wards in each class. Biennially, at each municipal election, a sufficient number of members of council shall be elected, for the term of four years from the first Monday of January succeeding the election, to fill the places of those whose terms shall expire on the first Monday of January following the election.
8 Pa.C.S. § 1724 — PA Code / Title 8 / Chapter 17 / Section 1724
Effect of laying out street.
Status: in_force

(a) Street unopened after ten years.--At any time after a street or portion of the street has remained laid out but not opened for a period of ten years or longer, an owner of 50% of the front feet of the land over which the street or portion of the street was laid out may petition the council to cancel the laying out of the street. Following at least 15 days' notice in a newspaper of general circulation and at least 15 days' personal notice to the owners of the real estate abutting upon the land over which the street or portion of the street was laid out, council shall hold a public hearing on the matter. Council may, on motion, deny the petition or, by ordinance, grant the petition and cancel the laying out of the street. A person aggrieved by the decision of the council, either granting or denying the petition, may appeal it. The ordinance providing for the cancellation of the laying out of a street must be filed with the recorder of deeds in accordance with section 1721.2(d) (relating to laying out streets and procedure).

(b) Street unopened after 21 years.--If a street has been laid out and has not been opened to or used by the public for a period of 21 years, the street may not thereafter be opened without the consent of at least 51% of the number of owners of the abutting real estate and without the consent of the owners of at least 51% of the property abutting the street, based on a front foot basis. Cross References. Section 1724 is referred to in section 1712 of this title.
8 Pa.C.S. § 3102 — PA Code / Title 8 / Chapter 31 / Section 3102
Board.
Status: in_force

(a) Membership.--

(1) A board appointed by a council shall be composed of three or five members, subject to the following:

(i) Except as set forth in subparagraph (ii), at least one member must be a professional health care provider with not less than two years' experience in the practice of the member's respective profession.

(ii) If subparagraph (i) cannot be met, at least one member must have had experience in or be knowledgeable of public health issues.

(2) (Reserved).

(b) Terms.--

(1) Initial terms shall be staggered as follows:

(i) For a three-member board:

(A) one member shall serve a term of one year;

(B) one member shall serve a term of two years; and

(C) one member shall serve a term of three years.

(ii) For a five-member board:

(A) one member shall serve a term of one year;

(B) one member shall serve a term of two years;

(C) one member shall serve a term of three years;

(D) one member shall serve a term of four years; and

(E) one member shall serve a term of five years.

(2) Subsequent terms shall be staggered as follows:

(i) For a three-member board, a subsequent term shall be three years.

(ii) For a five-member board, a subsequent term shall be five years.

(c) Compensation.--

(1) Except as set forth in paragraph (2), the members of the board shall serve without compensation.

(2) Paragraph (1) shall not apply to a member of the board who is elected board secretary under section 3103(b)(2) (relating to oaths, officers and security).
8 Pa.C.S. § 1189 — PA Code / Title 8 / Chapter 11 / Section 1189
Physical and psychological medical examination.
Status: in_force

(a) Conditional offer of employment.--

(1) An applicant selected from the eligibility list shall receive a conditional offer of employment. The offer of employment shall be conditioned upon the conditional appointee undergoing a physical and psychological medical examination and a determination that the conditional appointee is capable of performing all the essential functions of the position.

(2) Physical medical examinations shall be conducted under the direction of a physician or other qualified medical professional.

(3) Psychological medical examinations shall be conducted under the direction of a psychiatrist or psychologist.

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

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

(d) Written notice after interactive discussion.--If, at the conclusion of the interactive discussion conducted under subsection (c), council determines that the conditional appointee is not qualified, council shall give written notice to the conditional appointee and the commission.

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

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

"Medical examination." An examination, procedure, inquiry or test designed to obtain information about medical history or a physical or mental condition which might disqualify an applicant for a position if it would prevent the applicant from

performing, with or without a reasonable accommodation, all of the essential functions of the position.

"Physician." The term shall have the meaning given to it under 1 Pa.C.S. § 1991 (relating to definitions).

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

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

(2) as a certified registered nurse practitioner under the act of May 22, 1951 (P.L.317, No.69), known as The Professional Nursing Law. Cross References. Section 1189 is referred to in sections 1181, 1184 of this title.
8 Pa.C.S. § 232 — PA Code / Title 8 / Chapter 2 / Section 232
Filing, notice and return.
Status: in_force

(a) Filing.--Upon presentation of a petition under section 231 (relating to procedure), the court shall determine whether the petition meets the requirements under section 231. If the requirements are met, the court shall:

(1) Enter an appropriate order requiring an election.

(2) Direct that the petition shall be filed with the clerk of the court and that a copy of the petition and order of court shall be filed with the county board of elections.

(b) Notice.--Notice of the time and purpose of the election under subsection (a) shall be given in at least one newspaper of general circulation of the proper county once a week for four consecutive weeks. The publication of the notice shall be made on behalf of the petitioners and shall be in the form approved by the court.

(c) Return.--The following shall apply:

(1) The county board of elections shall frame the proper question to be submitted to the electors at the election ordered by the court.

(2) The county board of elections shall make a return of the vote cast on the question submitted to the clerk of the court of common pleas. The return shall be filed with the petition.

(3) If a majority of those voting on the question submitted were in favor of the change of the city charter to a borough charter, the court shall order that the record of the proceedings be recorded in the office for the recording of deeds of the county, and the record shall constitute the charter of the borough under the name provided in the petition. The recorder of deeds in each county affected shall certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the record constituting the charter of the borough.

(4) If a majority of those voting on the question submitted were against the change of the city charter to a borough charter, the same question may not be submitted for a period of five years following the election.

Cross References. Section 232 is referred to in section 233 of this title.
8 Pa.C.S. § 21A02 — PA Code / Title 8 / Chapter 21 / Section 21A02
Notice of assessments.
Status: in_force

The borough secretary shall cause 30 days' personal notice of the assessment to be served upon each property owner assessed. If a certificate is required to be filed with council relating to the public improvement as otherwise provided in this part, then a copy of the certificate shall accompany the notice.
8 Pa.C.S. § 701.2 — PA Code / Title 8 / Chapter 7 / Section 701.2
Compensation.
Status: in_force

(a) Employees.--Council may authorize borough employees, including the mayor and members of council if they are employees of the borough, to be compensated at their regular employee rates during their attendance at the annual meeting or a conference, educational training or committee meeting of the State Association of Boroughs.

(b) Nonemployees.--Council may authorize the mayor and any council member who is not employed by the borough to receive total or partial reimbursement for lost wages or salary, including those from self-employment, while attending the annual meeting or a conference, educational training or committee meeting of the State Association of Boroughs if sufficient documentation is presented to council to justify the reimbursement.

(c) Amount.--The maximum time for which a borough employee or mayor or council member not employed by the borough shall be reimbursed for lost wages or salary while attending the annual meeting or a conference, educational training or committee meeting of the State Association of Boroughs shall be not more than four days, including time spent traveling to and from the event.

(d) Executive members.--The council may authorize a mayor or any council member employed by the borough to be compensated at the mayor's or council member's regular employee rate and a mayor or council member who is not employed by the borough to receive total or partial reimbursement for lost wages or salary, including those from self-employment, if the mayor or council member attends a meeting for which the mayor or council member is an officer, a member of the board of directors, a member of the executive committee, a member of a standing committee or a trustee of the State Association of Boroughs, subject to the following which shall include time spent traveling to and from the event:

(1) The compensation of a mayor or council member for attending a meeting of a standing committee of the State

Association of Boroughs shall be limited to two days per year of regular employee rate compensation or lost wages or salary.

(2) The compensation of a mayor or council member for attending a meeting for which the mayor or council member is a trustee for the State Association of Boroughs shall be limited to four days per year of regular employee rate compensation or lost wages or salary.

(3) The compensation of a mayor or council member for attending a meeting for which the mayor or council member is an officer, member of the board of directors or a member of the executive committee of the State Association of Boroughs shall be limited to 15 days per year of regular employee rate compensation or lost wages or salary.

(4) A mayor or council member identified under paragraph

(1), (2) or (3) may not be compensated by the borough under this subsection if the mayor or council member receives compensation from the State Association of Boroughs or a board or committee of the State Association of Boroughs for attending the meeting. Cross References. Section 701.2 is referred to in section 701.1 of this title.
8 Pa.C.S. § 2205 — PA Code / Title 8 / Chapter 22 / Section 2205
Unlawful to build within right-of-way of storm sewers.
Status: in_force

It shall be unlawful for a person to erect a building or make an improvement within the right-of-way of a storm sewer laid out after due notice of the laying out of the storm sewer. If the erection or improvement is made, no allowance shall be made in the assessment of damages.
8 Pa.C.S. § 1184 — PA Code / Title 8 / Chapter 11 / Section 1184
Eligibility list and manner of filling appointments.
Status: in_force

(a) Ranking of candidates.--

(1) At the completion of the testing process, including a physical agility or other examination, with the exception of a background investigation to be conducted after the establishment of an eligibility list and physical and psychological medical examination under section 1189 (relating to physical and psychological medical examination), the commission shall rank the candidates who have satisfied the minimum requirements for appointment on an eligibility list.

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

(3) The eligibility list will be valid for one year from the date the commission formally adopts the eligibility list.

(4) Prior to expiration of the one-year period, the commission may extend the validity of the eligibility list for up to an additional 12 months by a majority vote of the commission at a duly authorized commission meeting.

(5) In the absence of a lawful extension by the commission under paragraph (4), the list shall expire.

(b) Procedure for filling positions.--Except as provided in subsection (c), every original position or employment in the police force or as paid fire apparatus operators, except that of chief of police or chief of the fire department, or equivalent, shall be filled only in the following manner:

(1) The council shall notify the commission of any vacancy which is to be filled and shall request the certification of an eligibility list.

(2) The commission shall certify for each existing vacancy from the eligibility list the names of the three persons or a lesser number, if three are not available, who have received the highest average.

(3) The council shall make a conditional appointment from the three names certified, based solely on the merits and fitness of the candidates, unless council makes objections to the commission regarding one or more of the certified persons for any of the reasons stated in section 1183 (relating to rejection of applicant and hearing).

(4) If the objections are sustained by the commission as provided in section 1183 or the conditional appointee is determined to be unqualified in accordance with the procedures specified in section 1189, the commission shall strike the name of the person from the eligibility list and certify the next highest name for each name stricken from the eligibility list.

(5) As each subsequent vacancy occurs in the same or another position, the same procedure shall be followed.

(c) Vacancies in existing positions.--

(1) Any vacancy in an existing position in the police force or as a paid fire apparatus operator which occurs as a result of retirement, resignation, disability or death may be filled by council by the reappointment or reinstatement of a former employee of the police force or fire department who had previously complied with this section.

(2) No examination, other than a physical examination as directed by the civil service commission, shall be required in any case of reappointment or reinstatement.

(d) Vacancies in certain offices.--

(1) In the case of a vacancy in the office of chief of police or chief of the fire department, or equivalent official, the council may nominate a person to the commission.

(2) The commission shall subject the nominated person to a noncompetitive examination, and, if the person is certified by the commission as qualified, the person may then be appointed to the position and shall be subject to this subchapter. Cross References. Section 1184 is referred to in section 1181 of this title.
8 Pa.C.S. § 1059.5 — PA Code / Title 8 / Chapter 10 / Section 1059.5
Taxpayers appealing to enter bond.
Status: in_force

No appeal by a taxpayer or officer may be allowed unless, within the time of taking the appeal, the appellant secures a bond in the sum of $1,000 with sufficient surety to prosecute the appeal and to pay all costs of appeal, in case, if the appellant is a taxpayer, the appellant fails to obtain a final decision more favorable to the borough than that awarded by the auditors or, in case, if the appellant is an accounting officer, the appellant fails to obtain a final decision more favorable to the officer than that awarded by the auditors. Unless the bond is filed as provided in this section, the court of common pleas, upon application, shall set aside the appeal.
8 Pa.C.S. § 2431 — PA Code / Title 8 / Chapter 24 / Section 2431
Lease of water system.
Status: in_force

The council of a borough may enter into a contract with any individual, partnership, association or corporation for the leasing of a water system of the individual, partnership, association or corporation.
8 Pa.C.S. § 1172 — PA Code / Title 8 / Chapter 11 / Section 1172
Civil service commission.
Status: in_force

(a) Establishment.--A civil service commission is established in each borough where a police force or paid fire apparatus operators are maintained.

(b) Membership and terms.--The commission shall consist of three commissioners who shall be qualified electors of the borough and appointed by the council initially to serve for the terms of two, four and six years. As terms expire, the commissioners shall be appointed for terms of six years.

(c) Vacancies.--A vacancy occurring in the commission for any reason shall be filled by the council for the unexpired term within the period of 30 days after the vacancy occurs.

(d) Alternate members.--

(1) Council may appoint no more than three qualified electors of the borough to serve as alternate members of the commission. The term of office of the alternate members shall be six years.

(2) If seated under section 1174 (relating to organization of commission), an alternate shall be entitled to participate in all proceedings and discussions of the commission to the same and full extent as provided by law for commission members, including specifically the right to cast a vote as a voting member during the proceedings, and shall have all the powers and duties specified in this part and as otherwise provided by law.

(3) An alternate member may not hold another office in the borough.

(4) An alternate may participate in any proceeding or discussion of the commission but may not vote as a member of the commission unless designated as a voting alternate member under section 1174.

(e) Oath or affirmation of office.--Each member of the commission, before entering upon the discharge of the duties of office, shall take an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office).

(f) Compensation prohibited.--The civil service commissioners shall receive no compensation.
8 Pa.C.S. § 601 — PA Code / Title 8 / Chapter 6 / Section 601
Creation and alteration.
Status: in_force

(a) Council.--In addition to reapportionment initiated in accordance with 53 Pa.C.S. Ch. 9 (relating to municipal reapportionment) and section 11 of Article IX of the Constitution of Pennsylvania, a council may, by ordinance, do any of the following:

(1) Divide boroughs into wards.

(2) Erect new wards out of two or more adjoining wards or parts of wards.

(3) Consolidate two or more wards into one ward.

(4) Divide any ward already erected into two or more wards.

(5) Alter the lines of two or more adjoining wards or cause the lines or boundaries of wards to be ascertained or established.

(6) Abolish all wards.

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

(1) No borough may be divided or redivided into more than 13 wards.

(2) The following shall apply:

(i) No ward may be created containing less than 300 registered electors.

(ii) Any ward which contains less than 350 registered electors after December 31, 1965, may be abolished, and the territory of the ward shall be distributed among the remaining wards as determined by council.

(iii) All wards in existence prior to January 1, 1966, shall remain as established, until altered or divided as provided under this chapter.

(c) Members of council.--If a ward is abolished under this section and the number of wards in a borough is reduced to less than five, a member of council in an abolished ward shall continue in office for his elected term and shall become a member of council at large from the borough.

(d) Composition.--All wards in the borough shall be numbered and composed of compact and contiguous territory as nearly equal in population as practicable as officially and finally reported in the latest official census. Cross References. Section 601 is referred to in sections 602, 603 of this title.
8 Pa.C.S. § 2441 — PA Code / Title 8 / Chapter 24 / Section 2441
Acquisition of land.
Status: in_force

(a) Acquisition for construction of roads.--If a borough finds it necessary, when storing water for supply to the public, to occupy and overflow portions of any public road with water or if any public road leads into or crosses over any reservoir used for the storage of water, the borough shall, at its own expense, reconstruct or build a road in a favorable location, which shall be in the same or better condition as the original road. A borough is authorized to condemn land for these purposes if an agreement as to price cannot be reached with the landowner.

(b) Land outside borough limits.--A condemnation of land outside the borough limits shall be in conformity with 26 Pa.C.S. § 206 (relating to extraterritorial takings).

(c) Acquisition to prevent contamination.--A borough may acquire, by purchase or condemnation, land along and contiguous to streams of water or reservoirs from which water is taken for public use if necessary to preserve the water from contamination. Cross References. Section 2441 is referred to in section 2442 of this title.
8 Pa.C.S. § 1068 — PA Code / Title 8 / Chapter 10 / Section 1068
Controller's recommendations on borough finances.
Status: in_force

The borough controller shall, as often as the controller may deem expedient or the council shall direct, suggest plans to the council for the management and improvement of the borough finances.
8 Pa.C.S. § 1014 — PA Code / Title 8 / Chapter 10 / Section 1014
Hearings before council; witnesses.
Status: in_force

Councils may compel the attendance of witnesses and the production of books, papers or other evidence at any meeting of the council or any committee of the council and for that purpose may issue subpoenas, signed by the president of council or the chair of the committee, which shall be served in any part of this Commonwealth. If a witness refuses to testify to any fact within the witness's knowledge or to produce any books or papers in the witness's possession or control required to be used as evidence in any case, the borough solicitor shall report the facts relating to the refusal to the court of common pleas. If the court determines the evidence required of the witness to be legal and competent, it shall order the witness to testify or produce the evidence required. Cross References. Section 1014 is referred to in section 1015 of this title.
8 Pa.C.S. § 3322 — PA Code / Title 8 / Chapter 33 / Section 3322
Commitment pending trial.
Status: in_force

An individual arrested for the violation of a borough ordinance may, pending trial, be committed to:

(1) the borough correctional facility; or

(2) if there is no suitable borough correctional facility, a county correctional facility. Cross References. Section 3322 is referred to in section 3324 of this title.
8 Pa.C.S. § 10A06 — PA Code / Title 8 / Chapter 10 / Section 10A06
General powers of mayor.
Status: in_force

(a) Oaths and affirmations.--The mayor may administer oaths and affirmations in matters pertaining to borough affairs.

(b) Emergencies.--

(1) In addition to the power granted to mayors by 35 Pa.C.S. Pt. V (relating to emergency management services) and in order to enable the mayor to effectually preserve the public peace within the borough, the mayor shall have the power to prevent and suppress mobs, riots and unlawful and tumultuous assemblies.

(2) In the event that a state of emergency exists, a mayor shall have the authority to request aid and assistance from law enforcement officers and agencies from a neighboring municipality.

(3) In response to a request of a mayor made in accordance with this subsection, a municipal police officer shall, within the borough from which the request was made, have the power and authority to enforce the laws of this Commonwealth or otherwise perform the functions of that office as if enforcing those laws or performing those functions within the territorial limits of the officer's primary jurisdiction, subject to the limitations and conditions set forth in 42 Pa.C.S. § 8953(b), (c), (d) and

(e) (relating to Statewide municipal police jurisdiction).

(4) If the mayor considers that a state of emergency exists, the mayor may issue a proclamation, which shall be in writing and posted in one or more conspicuous places and the contents of which shall be made available to all news media, declaring a state of emergency for a period not to exceed seven days unless sooner rescinded, modified or ratified or extended by resolution of council.

(5) The mayor may prohibit in the proclamation for all or part of the borough:

(i) Any person being on the public streets or in the public parks or at any other public place during the hours declared by the mayor to be a period of curfew.

(ii) The entry or departure of persons into or from any restricted area.

(iii) The sale, purchase or dispensing of any commodities or goods as designated by the mayor.

(iv) The transportation, possession or use of gasoline, kerosene or other combustible, flammable or explosive liquids or materials except in connection with

the normal operation of motor vehicles, normal home use or legitimate commercial use.

(v) Any other activities as the mayor reasonably believes should be prohibited to help preserve life, health, property or the public peace.

(6) The proclamation shall describe the specific restricted area with particularity and shall specify the hours when restrictions are to be in effect.

(7) A person violating the proclamation of emergency commits a summary offense and shall, upon conviction, be sentenced to pay a fine not to exceed $300 and costs or to a term of imprisonment not to exceed 30 days.
8 Pa.C.S. § 606.1 — PA Code / Title 8 / Chapter 6 / Section 606.1
Construction of chapter.
Status: in_force

Nothing under this chapter shall be construed as affecting any of the following:

(1) The powers and duties of the court of common pleas or the county board of elections.

(2) Restrictions on alteration of election districts as provided under Article V of the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.
8 Pa.C.S. § 1904 — PA Code / Title 8 / Chapter 19 / Section 1904
Contracts with railroads, other companies and counties.
Status: in_force

(a) General rule.--

(1) The borough may enter into a contract with the county commissioners, railroads, street railways and other companies or interested parties for the building and maintenance of bridges or viaducts and for the payment of any damages caused by the location or erection thereof.

(2) The contracts may stipulate that the county, borough, railroad company, street railway or other company or interested party shall pay a certain part of the contract price of the work, including damages, or may stipulate that each shall construct a certain portion of the work and may provide otherwise for the payment of damages.

(b) Payment.--

(1) When any railroad company, street railway or other company or interested party agrees to pay a certain portion of the cost of the work, it shall pay the portion into the borough treasury. The borough treasurer shall pay the amount over to the contractor, as may be provided in the contract. The amount to be paid by the county shall be paid directly to the contractor.

(2) The agreement may provide for the maintenance of the bridges and viaducts after their erection. Nothing under

this section shall authorize any borough to contract with a county for the maintenance of any bridge or viaduct which does not cross a place over which the county is authorized to build bridges. The bridge or viaduct shall be maintained as a borough structure, and the borough may contract with any party interested, except the county, for the maintenance of the bridge or viaduct.

(3) Nothing in this section shall affect the powers or duties of the Pennsylvania Public Utility Commission to the extent otherwise provided by law.
8 Pa.C.S. § 1117 — PA Code / Title 8 / Chapter 11 / Section 1117
Duties of solicitor and outside counsel.
Status: in_force

(a) General rule.--The borough solicitor shall:

(1) Prepare or approve, if directed or requested to do so by council or the mayor, any bonds, obligations, contracts, leases, conveyances, ordinances and assurances to which the borough or any department of the borough may be a party.

(2) Commence and prosecute all actions brought by the borough for or on account of any of the estates, rights, trusts, privileges, claims or demands of the borough, as well as defend the borough or any borough officer against all actions or suits brought against the borough or borough officer in which any of the estates, rights, privileges, trusts, ordinances or accounts of the borough may be brought in question before any court in this Commonwealth.

(3) Furnish the council or committees of the council, the mayor or the head of a department, upon request, with an opinion in writing upon any question of law which may be submitted by any of them in their official capacities.

(4) Perform every other professional act incident to the office which the borough solicitor may be authorized or required to do by the council or the mayor.

(b) Outside counsel.--In the case of a legal dispute between the mayor and council or in any other case in which representation of the mayor and council by the borough solicitor would create a conflict of interest for the borough solicitor, the mayor may employ outside counsel at borough expense, not to exceed $4,000 in any 12-month period, to perform necessary legal services.
8 Pa.C.S. § 1118 — PA Code / Title 8 / Chapter 11 / Section 1118
Assistant solicitor.
Status: in_force

A council may, by resolution, appoint an assistant solicitor to assist the solicitor in the performance of the solicitor's duties and, in the absence or disability of the solicitor, to perform the duties and exercise the powers of the solicitor.
8 Pa.C.S. § 2411 — PA Code / Title 8 / Chapter 24 / Section 2411
Appropriation of lands and waters.
Status: in_force

A borough desiring to build a water system or to improve its water supply may appropriate springs, streams, rivers or creeks

and lands, easements and rights-of-way, within or without its limits. If the appropriation is outside its limits, the appropriation shall be in compliance with 26 Pa.C.S. § 206 (relating to extraterritorial takings). For the purpose of conducting water obtained outside its limits, a borough may lay pipes under and over any lands, rivers, streams, bridges, highways and under railroads. No water appropriated under this section shall be used in a manner as to deprive the owner of the water of the free use and enjoyment of the water for domestic or farm purposes. The exercise of the powers in this section shall be subject to any required approvals or permits from the Department of Environmental Protection or other Federal or State entity. Cross References. Section 2411 is referred to in section 2412 of this title.
8 Pa.C.S. § 1180 — PA Code / Title 8 / Chapter 11 / Section 1180
Annual report.
Status: in_force

The commission shall make an annual report to the council containing a brief summary of its work during the year which shall be available for public inspection.
8 Pa.C.S. § 2436 — PA Code / Title 8 / Chapter 24 / Section 2436
Joint acquisition and construction.
Status: in_force

A borough may join with one or more municipal corporations in the construction or acquisition and maintenance of a water system.
8 Pa.C.S. § 2724.1 — PA Code / Title 8 / Chapter 27 / Section 2724.1
Duties of commission.
Status: in_force

(a) Annual report.--A shade tree commission shall annually report in full to the council its transactions and expenses for the last fiscal year of the borough.

(b) Notice.--If a shade tree commission proposes to plant, transplant or remove shade trees on any street, notice of the time and place of the meeting at which the work is to be considered shall be given by the shade tree commission in accordance with section 2720.3 (relating to notice of work).

(c) Certification of amounts required.--The shade tree commission shall each year certify to council an amount needed for the care of shade trees and for the publication of notices required by this subchapter. The shade tree commission shall use funds appropriated or raised by taxation in accordance with section 2720.1 (relating to maintenance by borough and tax levy) for any purpose authorized by council.

(d) Certification of assessments.--The shade tree commission shall ascertain and certify to council and the borough treasurer the amount of any assessment imposed in accordance with this subchapter for the planting, transplanting or removal of plants, shrubs and trees.
8 Pa.C.S. § 218 — PA Code / Title 8 / Chapter 2 / Section 218
Territory located in multiple counties.
Status: in_force

If territory included within the limits of a newly incorporated borough is located in at least two counties, the court of common pleas of the county where the larger part of the territory of the borough is located shall have exclusive jurisdiction over the proceedings to adjust and apportion the indebtedness between the borough and township.
8 Pa.C.S. § 1132 — PA Code / Title 8 / Chapter 11 / Section 1132
Private police pension funds and optional transfers.
Status: in_force

(a) General rule.--If there is a private organization or association constituting and managing an existing pension fund for the members of the police force in any borough, the borough shall establish a police pension for the purpose of paying pensions to the members of its police force if the membership of the organization or association by a two-thirds vote elects to transfer its funds with all its assets and liabilities into a borough pension fund as required to be established by this part.

(b) Assumption of liability.--The transfer in subsection

(a) may be made by the transfer of securities. After the transfer, the borough police pension fund shall assume the liability of continuing the payment of pensions to members of the police force retired prior to the transfer, in accordance with the laws and regulations under which the members were retired.
8 Pa.C.S. § 3103 — PA Code / Title 8 / Chapter 31 / Section 3103
Oaths, officers and security.
Status: in_force

(a) Oath of office.--A member of the board must take the oath prescribed for borough members of council.

(b) Officers.--

(1) The board shall annually organize by electing:

(i) a president from among the members of the board;

(ii) a board secretary who may or may not be a member of the board; and

(iii) a health officer.

(2) The board secretary and the health officer shall receive salaries fixed by the board and ratified by the council.

(3) The board secretary and health officer shall serve until a successor is elected and qualified.

(c) Security.--The council may require the board secretary and health officer to furnish a bond to the borough in a prescribed amount for the faithful discharge of their duties. Cross References. Section 3103 is referred to in sections 3100, 3102 of this title.
8 Pa.C.S. § 25B05 — PA Code / Title 8 / Chapter 25 / Section 25B05
Acquisition of real property and facilities.
Status: in_force

The following shall apply:

(1) Council may acquire real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the borough, including equipment, either separately or

jointly, with a political subdivision or municipal authority in order to provide for the collection, removal, disposal and destruction of municipal waste, for the collection and storage of recyclable materials or for the composting of leaf and yard waste.

(2) Council may provide for the payment of the cost, either in whole or part, out of the funds of the borough.

(3) Council may acquire land for landfill purposes, either amicably or by exercising the power of eminent domain, and may maintain lands and places for the dumping of municipal waste.

(4) If council acquires land outside the limits of the borough by exercising the power of eminent domain, the taking shall be subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings).
8 Pa.C.S. § 2404 — PA Code / Title 8 / Chapter 24 / Section 2404
Refunding bonds.
Status: in_force

(a) General rule.--If a borough acquires a water system subject to any existing lien or liens and, at the time of acquisition, issues utility bonds secured by the liens on the water system and which impose no municipal liability, when the utility bonds mature or at any time prior, the borough may issue and sell utility bonds for the purposes of refunding the outstanding bonds. The refunding bonds shall be issued as utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing). The issued bonds shall not be deemed to be the creation of new obligations but shall be deemed a continuation of the bonds existing or created at the time of the original acquisition of the water system.

(b) Time, interest rate and amount.--The bonds shall not be refunded for a longer period than 20 years, and the refunding lien bonds issued shall not bear interest at a rate exceeding 6%. The aggregate amount of the issued refunding lien bonds shall not exceed the amount of the bonds to be refunded. Any money placed in any fund by the borough or by any commission of the water system for the purpose of redeeming or paying the bonds at maturity shall be first applied to the payment of the principal of the bonds to be refunded, and the balance of the bonds only shall be refunded by the issue of new bonds.
8 Pa.C.S. § 2412 — PA Code / Title 8 / Chapter 24 / Section 2412
Agreements as to damages.
Status: in_force

Prior to any appropriation under section 2411 (relating to appropriation of lands and waters), the borough shall attempt to agree with the owner as to the damage done or likely to be done. If the parties cannot agree, the borough shall proceed pursuant to 26 Pa.C.S. (relating to eminent domain).
8 Pa.C.S. § 207 — PA Code / Title 8 / Chapter 2 / Section 207
Corporate name.
Status: in_force

The corporate name of a borough incorporated under this part shall be "The Borough of ."
8 Pa.C.S. § 1309 — PA Code / Title 8 / Chapter 13 / Section 1309
Revision and completion of budget.
Status: in_force

After the expiration of the ten days, council shall make the revision in the budget as deemed advisable. The budget must be as comprehensive and exact as the information available will permit. In addition to expenditures proposed for the current fiscal year, council may include as proposed expenditures a sum sufficient to pay any existing indebtedness and to pay the ordinary operating expenses for the subsequent year until the taxes of the subsequent year are received and may also include a sum to provide, in whole or in part, for any deferred maintenance, depreciation and replacements. Within the tax levy and debt limitations, council may also include, in whole or in part, expenditures for capital investments and purchases. Expenditures of a legislative character must be made, authorized or ratified by ordinance. Other expenditures allowed by law may be made or ratified by motion in council. The expenditures, whether by ordinance or motion, must then be considered as appropriations affecting the budget. A balance of revenues over expenditures may be expended in a subsequent year for a lawful purpose.
8 Pa.C.S. § 2061 — PA Code / Title 8 / Chapter 20 / Section 2061
Ordinance for monthly, quarterly or annual rental.
Status: in_force

If a borough constructs any sanitary sewer, sewer system or sewage treatment works or acquires, wholly or partially, the same at public expense, as authorized in this chapter, the council may provide, by ordinance, for the collection of a monthly, quarterly or annual rental or charge or a fixed sum for the use of the sanitary sewer, sewer system or sewage treatment works from the owner of property served by it.
8 Pa.C.S. § 1178 — PA Code / Title 8 / Chapter 11 / Section 1178
Investigations.
Status: in_force

The commission may conduct investigations concerning all matters touching the administration and enforcement of this subchapter and rules and regulations adopted under this subchapter. The chair of the commission may administer oaths and affirmations in connection with the investigations.
8 Pa.C.S. § 101 — PA Code / Title 8 / Chapter 1 / Section 101
Short title of part.
Status: in_force

This part shall be known and may be cited as the Borough Code.
8 Pa.C.S. § 2608 — PA Code / Title 8 / Chapter 26 / Section 2608
Saving clause.
Status: in_force

Nothing contained in this chapter shall be construed as conferring upon boroughs any power conferred by existing law on the Navigation Commission for the Delaware River and its Navigable Tributaries or to permit boroughs to do any act or

to enact any ordinance inconsistent with the laws, rules and regulations relating to the commission.
8 Pa.C.S. § 29A14 — PA Code / Title 8 / Chapter 29 / Section 29A14
Care and erection of memorials.
Status: in_force

(a) Authority.--The council may control and maintain a soldier's memorial which is:

(1) situated in the borough;

(2) not controlled and maintained by an individual or entity; and

(3) not placed by the Federal Government, the Commonwealth, the county or another state.

(b) Funding.--The council may receive and expend any money to be used for the maintenance of the memorials.

(c) Contributions.--The council may contribute to the erection and maintenance of a memorial in honor of those who served in a war in which the United States was engaged.
8 Pa.C.S. § 2452 — PA Code / Title 8 / Chapter 24 / Section 2452
Terms of commissioners and compensation.
Status: in_force

(a) General rule.--If a borough establishes a commission of the water system, it shall be the duty of the council to appoint the commissioners of the water system.

(b) Commissions with three commissioners.--If there are three commissioners, one shall be appointed to serve for one year, one for two years and one for three years. Annually thereafter, the council shall appoint one commissioner of the water system to serve a term of three years.

(c) Commissions with five commissioners.--If there are five commissioners, one shall be appointed to serve for one year, one for two years, one for three years, one for four years and one for five years. Annually thereafter, the council shall appoint one commissioner of the water system to serve a term of five years.

(d) Vacancy.--In case of a vacancy, the council shall fill the vacancy for the unexpired term.

(e) Salary and expenses.--The commissioners of the water system may receive a salary for their services and shall be reimbursed by the borough for all expenses necessarily incurred in the performance of their duties.

(f) Salary limitations.--The salary of the commissioners shall not exceed the following:

(1) In service areas with fewer than 5,000 metered accounts, a maximum of $1,875 per year or $156.25 per month.

(2) In service areas with 5,000 but fewer than 10,000 metered accounts, a maximum of $2,500 per year or $208.33 per month.

(3) In service areas with 10,000 but fewer than 15,000 metered accounts, a maximum of $3,250 per year or $270.83 per month.

(4) In service areas with 15,000 but fewer than 25,000 metered accounts, a maximum of $4,125 per year or $343.75 per month.

(5) In service areas with 25,000 but fewer than 35,000 metered accounts, a maximum of $4,375 per year or $364.58 per month.

(6) In service areas with 35,000 or more metered accounts, a maximum of $5,000 per year or $416.67 per month.
8 Pa.C.S. § 1142 — PA Code / Title 8 / Chapter 11 / Section 1142
Powers and duties.
Status: in_force

(a) General rule.--The powers and duties of the borough manager shall be regulated by ordinance.

(b) Employment or professional services agreement.--

(1) Council may enter into an employment or professional services agreement with the borough manager that specifies the terms and conditions of employment.

(2) The employment or professional services agreement may remain in effect for a specified period terminating no later than two years after the effective date of the agreement or the date of the organizational meeting of council following the next municipal election, whichever occurs first.

(3) An employment or professional services agreement entered into under this section may specify conditions under which a borough manager who is an individual will be entitled to severance compensation or, in the case of a partnership, a limited partnership, an association or a professional corporation, payments for the termination of appointment. In no event may the employment or professional services agreement guarantee retention or employment through the term of the agreement or confer upon the borough manager any legal remedy based on specific performance.

(4) An employment or professional services agreement with a borough manager executed on or after a municipal election but before the first meeting in January the year after the municipal election shall be void.

(5) The council may delegate to the borough manager, by ordinance and subject to recall, any of the nonlegislative and nonjudicial powers and duties of the council, the planning commission and the shade tree commission. With approval of council, the mayor may delegate to the borough manager any of the mayor's nonlegislative and nonjudicial powers and duties.

(c) Status as public official.--The borough manager, if an individual, and, for a partnership, limited partnership, association or professional corporation appointed as the borough manager, each officer and employee directly providing services as required or authorized by the agreement shall be considered a public official for purposes of the provisions of 65 Pa.C.S. § 1103 (relating to restricted activities). (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days) Cross References. Section 1142 is referred to in section 1141 of this title.
8 Pa.C.S. § 2453 — PA Code / Title 8 / Chapter 24 / Section 2453
Organization of commissioners.
Status: in_force

The commissioners of the water system shall meet within ten days after their first appointment and annually thereafter and organize by electing a president and secretary.
8 Pa.C.S. § 32A01 — PA Code / Title 8 / Chapter 32 / Section 32A01
Primacy of Uniform Construction Code.
Status: in_force

(a) General rule.--The following shall apply to the construction, alteration, repair and occupancy of all buildings and structures within a borough:

(1) The Pennsylvania Construction Code.

(2) The Uniform Construction Code adopted under section 301 of the Pennsylvania Construction Code.

(b) Primacy.--This section and any ordinance, rule or regulation adopted under this section shall not supersede or abrogate the Pennsylvania Construction Code or the Uniform Construction Code and shall be construed and read in pari materia with the Pennsylvania Construction Code and the Uniform Construction Code.
8 Pa.C.S. § 2024 — PA Code / Title 8 / Chapter 20 / Section 2024
Applications to court.
Status: in_force

If a borough desires to connect with the existing sanitary sewer of an adjacent municipality and no agreement, either upon the basis of a rental payment for the use of an existing sanitary sewer or a division of the cost of the construction or maintenance of the sanitary sewer, has been reached between the borough and the adjacent municipality, an application shall be made by council to the court of common pleas of the county where the proposed connection is to be located, setting forth that fact. Cross References. Section 2024 is referred to in section 2023 of this title.
8 Pa.C.S. § 1016 — PA Code / Title 8 / Chapter 10 / Section 1016
Examination of witnesses; penalty.
Status: in_force

An individual called as a witness, as provided in this chapter, may be examined under oath, administered by the president of council or chair of the committee and, for the giving of false testimony, shall be liable for prosecution under applicable laws for perjury.
8 Pa.C.S. § 2462 — PA Code / Title 8 / Chapter 24 / Section 2462
Notice and failure to make required connection.
Status: in_force

An owner shall be given at least 45 days' notice of any ordinance requiring a water connection, and, upon failure of the owner to make the required connection, the borough may make the connection and collect the cost from the owner by a municipal claim or in an action of assumpsit. All connections required shall be uniform.
8 Pa.C.S. § 701 — PA Code / Title 8 / Chapter 7 / Section 701
State Association of Boroughs.
Status: in_force

(a) Organization.--The boroughs of the Commonwealth may organize a State Association of Boroughs for the purpose of advancing the interests of the boroughs. A borough may join the State Association of Boroughs by motion of council and payment of the annual dues. Each borough, after becoming a member, shall pay reasonable dues as determined by the State Association of Boroughs.

(b) Revenue.--Revenue received by the State Association of Boroughs shall be used to pay for services, publications and other expenses authorized or ratified by the State Association of Boroughs or incurred on behalf of the State Association of Boroughs by its officers and committees.
8 Pa.C.S. § 1059.11 — PA Code / Title 8 / Chapter 10 / Section 1059.11
General powers and duties of independent auditor.
Status: in_force

(a) Powers and duties.--If an independent auditor is appointed under section 1005(7) (relating to powers of council), the independent auditor shall have the same powers and duties and be subject to the same penalties as the auditors under this chapter. The independent auditor shall annually examine, audit and settle all accounts in which the borough is concerned. The audit shall consist of an examination in accordance with generally accepted auditing standards and shall include tests of the accounting records and other auditing procedures as the independent auditor considers necessary in the circumstances. The independent auditor shall 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.

(b) Reporting.--The independent auditor shall audit the accounting records of the borough for the fiscal year and shall prepare a report on the examination which shall be subject to appeal in the same manner as reports of the auditors under this chapter. The report shall set forth:

(1) The scope of the examination.

(2) The independent auditor's opinion of the fairness of the presentation of the financial statement of the borough, which shall show a complete statement of the financial condition of the borough, giving in detail the actual indebtedness, the amount of funded debt, the amount of floating debt, the valuation of the taxable property in the borough, the assets of the borough with their character and value and the date of the maturity of the respective forms of funded debt of the borough.

(3) The amount of any balance or shortage or any expenditure of any kind or made in a manner prohibited or not authorized by a statute which came to the independent auditor's attention during the course of the examination and which, in the independent auditor's opinion, causes a financial loss to the borough as provided in section 1059.3 (relating to surcharge by auditors) shall be a surcharge against an officer against whom the balance or shortage shall appear, subject to appeal, entry as judgment, certification and enforcement as provided in this chapter.

(c) Hiring attorney.--The independent auditor may employ an attorney subject to the provisions of section 1059.8 (relating to attorney fees), except that the employment shall be with the consent of council.

(d) Other applicable laws.--Sections 1055 (relating to subpoenas, oath and perjury), 1058 (relating to pay of witnesses) and 1059 (relating to auditors to settle accounts where witnesses do not appear) shall apply to proceedings initiated by independent auditors.

(e) Compensation.--The compensation of the independent auditor shall be determined by council and paid by borough funds.
8 Pa.C.S. § 701.1 — PA Code / Title 8 / Chapter 7 / Section 701.1
Authorization and expenses.
Status: in_force

(a) Delegates.--Council may, by motion, designate one or more delegates from the elected or appointed officers of the borough to attend the annual meeting of the State Association of Boroughs, which shall be held in this Commonwealth in accordance with the procedure adopted by the State Association of Boroughs.

(b) Nondelegates.--Council may, by motion, designate one or more elected or appointed officers or employees of the borough to attend the annual meeting of the State Association

of Boroughs as nondelegates or to attend a conference, educational training or committee meeting of the State Association of Boroughs.

(c) Expenses.--The following shall apply:

(1) In addition to any compensation allowed under section 701.2 (relating to compensation), council may, for each delegate, elected or appointed officer or employee under subsection (a) or (b), pay the following expenses upon receipt of an itemized account of expenses:

(i) The registration fee.

(ii) Mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the annual meeting, conference, educational training or committee meeting of the State Association of Boroughs.

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

(2) Notwithstanding this subsection, at least one member of council shall be allowed the following expenses:

(i) The registration fee.

(ii) Lodging, meals and mileage for use of a personal vehicle or reimbursement of actual transportation expenses going to and returning from the meeting.

(iii) Any actual expenses that the council may have agreed to pay.
8 Pa.C.S. § 2606 — PA Code / Title 8 / Chapter 26 / Section 2606
Market houses, terminal sheds, tracks and facilities.
Status: in_force

(a) Market houses and terminal sheds.--Boroughs may erect and maintain market houses and terminal sheds on wharves for the receipt and distribution of freight and express.

(b) Tracks and facilities.--Boroughs may construct railroad and street railway tracks or other facilities on wharves to provide for the convenient hauling of freight or express matter and may collect rents, tolls or charges for the use of market houses, terminal sheds, tracks and facilities. No permit other than a license revocable at will shall be granted, and no exclusive permit for the use of the facilities shall be granted.
8 Pa.C.S. § 1179 — PA Code / Title 8 / Chapter 11 / Section 1179
Subpoenas.
Status: in_force

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

(b) Persons required to attend.--All officers in public service and employees shall attend and testify if required to do so by the commission.

(c) Penalty for violation.--If any person refuses or neglects to obey a subpoena issued by the commission, the person shall, upon conviction, be sentenced to pay a fine not to exceed $100 and, in default of the payment of the fine and costs, shall be imprisoned for a term not to exceed 30 days.

(d) Petition to court.--If a person refuses or neglects to obey a subpoena issued by the commission, the commission may apply by petition to the court of common pleas of the county for its subpoena requiring the attendance of the person before the commission or the court to testify and to produce any records and papers necessary, and, if the person defaults, the person shall be held in contempt of court.
8 Pa.C.S. § 1561 — PA Code / Title 8 / Chapter 15 / Section 1561
Right to damages given in certain cases.
Status: in_force

The right to damages against a borough is given to an owner or tenant of land, property or material, abutting on or through which pass streets, injured by the vacating of the streets or the vacation of bridges and piers, abutments and approaches.
8 Pa.C.S. § 21A03 — PA Code / Title 8 / Chapter 21 / Section 21A03
Assessment based on front foot basis.
Status: in_force

(a) General rule.--If council elects to collect the cost, including any administrative fees, of any improvement on the front foot basis, the cost to be collected shall be divided by the total number of linear feet of street frontage of each property benefited, and there shall be assessed against each property that portion of the cost which is determined by multiplying the dividend of the prior calculation by the number of linear feet for street frontage of that property.

(b) Certificate of assessment.--Council shall issue a certificate of assessment when assessing on the front foot basis 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.

(c) Adjustments in assessments.--Notwithstanding subsection

(a), council may make equitable adjustments for corner lots, lots of irregular shape or, where special conditions exist, where an assessment for full frontage would be unjust.
8 Pa.C.S. § 24A01 — PA Code / Title 8 / Chapter 24 / Section 24A01
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 power agency." A separate body politic and corporate under the laws of this Commonwealth created by agreement between or among two or more boroughs pursuant to section 24A04 (relating to municipal power agencies).

"Project." Electric plants, hydroelectric plant works, system, facilities or real or personal property, together with their parts and appurtenances, used or useful in connection with the generation, production, transmission, purchase, sale, exchange or interchange of electric power or energy, or any interest therein or right to capacity thereof.

"Revenue bond." An instrument imposing an obligation for the repayment of money borrowed, payable as to both principal and interest exclusively from the income and revenues derived from an interest in an electric plant or project.
8 Pa.C.S. § 1193 — PA Code / Title 8 / Chapter 11 / Section 1193
Discrimination on account of political or religious affiliations.
Status: in_force

(a) Information.--No question in any form of application for examination or in any examination shall be so framed as to elicit information concerning the political or religious opinions or affiliations of any applicant nor shall inquiry be made concerning the opinions or affiliations, and all disclosures of opinions or affiliations shall be ignored.

(b) Prohibition.--No discrimination shall be exercised, threatened or promised by any person against or in favor of any applicant or employee because of political or religious opinions or affiliations or race, and no offer or promise or reward, favor or benefit, directly or indirectly, shall be made to or received by any person for any act done or duty omitted or to be done under this subchapter.
8 Pa.C.S. § 1127 — PA Code / Title 8 / Chapter 11 / Section 1127
School crossing guards.
Status: in_force

(a) Appointment.--

(1) Upon request by the board of school directors of the school district in which a borough is wholly or partially located, the council may appoint school crossing guards who shall have the duty of controlling and directing traffic and pedestrians at or near schools and who shall be in suitable and distinctive uniform.

(2) While on duty, school crossing guards shall be under and subject to the direction of the mayor, shall serve at the pleasure of the council, except as noted in subsection

(b), shall not be subject to Subchapter J (relating to civil service for police and fire apparatus operators) and shall not be entitled to participate in any borough pension plan or plans.

(3)

(i) The compensation of the school crossing guards, if any, shall be fixed by the council and shall be jointly paid by the council and the board of school directors, in a ratio to be determined by the council and board of school directors.

(ii) If the council and board of school directors are unable to determine the ratio of compensation of the school crossing guards to be paid by the council and the board, each shall pay one-half of the compensation of the crossing guards.

(4) Notwithstanding any other provision of law, auxiliary police officers, appointed as prescribed by general law, may be designated to serve as crossing guards.

(b) Ordinance.--

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

(2) The ordinance enacted by the council shall outline how the police department will provide any necessary training and assistance of the school crossing guards while on duty.

(3) School crossing guards shall be authorized in the management of traffic and pedestrians in and around areas identified by the police department and the school district superintendent or the superintendent's designees.

(4) School crossing guards shall not:

(i) Be subject to the civil service provisions of this part.

(ii) Be considered part of the bargaining unit of the school district.

(iii) Be considered:

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

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

(C) An employee under any plan.

(5) After the ordinance is enacted by the council, the school district shall assume the cost of compensation, including fixing compensation, if any, of the school crossing guards.

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

(7) The board of school directors shall notify the council of the individuals hired to serve as school crossing guards and request the necessary training or assistance be provided as outlined by the ordinance.
8 Pa.C.S. § 2605 — PA Code / Title 8 / Chapter 26 / Section 2605
Leases.
Status: in_force

Any borough may lease any wharf or part and collect rent by distress or otherwise. No one term of a lease shall be for a period longer than three years.
8 Pa.C.S. § 1806 — PA Code / Title 8 / Chapter 18 / Section 1806
Emergency repairs to sidewalks.
Status: in_force

(a) General rule.--

(1) In addition to the remedies now vested in boroughs to make repairs to sidewalks, any borough shall have power to make emergency repairs to any sidewalks within the borough if an inspection of the sidewalk discloses that, and a certificate made by the officer or head of the department or committee lawfully having charge of sidewalk repairs specifies that, a dangerous condition exists that can be repaired by an expenditure of not more than $1,000.

(2) Before repairs are made, a notice to make the repairs within 48 hours shall be served upon the owner of the property. If the owner cannot be served within the county, notice may be served upon the agent of the owner or the party in possession or, if there is no agent or party in possession, the notice may be served by posting the same upon the premises.

(b) Cost.--

(1) Upon the completion of the work, the cost shall be a charge against the owner of the property and shall be a lien, until paid, upon the abutting property if a claim is filed. The charge may also be collected by action of assumpsit.

(2) This section is intended to provide an additional remedy for boroughs in connection with emergency repairs, where the actual cost of doing the work does not exceed $1,000. The certificate of the officer or head of the department or committee in charge of repairs to sidewalks shall be conclusive evidence of the existence of the emergency justifying the repair under the terms of this section.
8 Pa.C.S. § 1175 — PA Code / Title 8 / Chapter 11 / Section 1175
Clerks, supplies and solicitor.
Status: in_force

The borough shall:

(1) Furnish to the commission, on its requisition, clerical assistance that may be necessary for the work of the commission.

(2) Provide a suitable and convenient room for the use of the commission. The commission shall order from the borough the necessary stationery, postage, printing and supplies.

(3) Provide the services of a solicitor for the commission to be appointed by the commission and paid by the borough. The borough may place a reasonable limit on the amount allowed each year for the services of the commission solicitor.

(4) Through its elected and appointed officials, aid the commission in all proper ways in carrying out the provisions of this subchapter relating to civil service.
8 Pa.C.S. § 1106 — PA Code / Title 8 / Chapter 11 / Section 1106
Bond and duties.
Status: in_force

(a) General rule.--The borough treasurer shall, before entering upon the duties of office, give bond in an amount determined by council, conditioned for the faithful performance of the treasurer's duties.

(b) Specific duties.--The treasurer shall:

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

(2) Keep distinct and accurate accounts of all sums received from taxes and other sources, which accounts shall be open to the inspection of council and any citizen of this Commonwealth.

(3)

(i) Pay out all money only on direction by the council, upon an order signed by the president of council and the borough secretary and also by the borough controller, if any. The order shall not be executed unless there is money in the treasury available.

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

(4) Annually submit the accounts to the elected auditors, independent auditor or controller for settlement.

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

(c) Payment of all other money.--All money received by any officer or other person for the use of the borough shall be paid to the borough treasurer.
8 Pa.C.S. § 804 — PA Code / Title 8 / Chapter 8 / Section 804
Term and bonds.
Status: in_force

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

(1) Except as provided under paragraph (2), an individual elected to a borough office shall serve for the term for which the individual was elected.

(2) If a vacancy in office occurs, it shall be filled in the manner provided under this part.

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

(1) Except as provided under paragraph (2), if an elected official of a borough is required to give a bond for the faithful performance of the elected official's duties, the borough may pay the premium for the bond.

(2) A borough shall pay a proportionate share of the cost of a tax collector's bond within the same ratio as the amount of borough taxes bears to the total amount of all taxes indicated by the tax duplicate to be collected by the tax collector during the year preceding the date the premium is due. Cross References. Section 804 is referred to in section 1103 of this title.
8 Pa.C.S. § 1733 — PA Code / Title 8 / Chapter 17 / Section 1733
Action for damages and benefits and award.
Status: in_force

(a) Authority of borough.--Upon the effective date of an ordinance enacted to open a street or portion of a street by authority of 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), the borough has authority to enter upon and take possession of the street or portion of the street opened by the ordinance, if no structures are upon the street. If a structure has been located upon the street or portion of the street so opened, prior to the laying out of the street or prior to the simultaneous laying out and opening of the street, the street may not be opened until the owner of the structure has been given 60 days' personal notice to vacate the structure. Council may not be required to file any bond or security for the exercise of the right granted by this section.

(b) Limitation.--The parties whose ground is taken in the opening of a street or portion of the street have three years from and after the effective date of the ordinance opening the street or portion of the street in which to bring an action for damages resulting from the opening of the street or portion of the street. In case of the assessment of damages for the opening of a street or portion of the street, the award of damages, if any, includes:

(1) the damages resulting from the grade at which the street or portion of the street is to be opened; and

(2) the plan attached to the report of the viewers awarding the damages must include a profile plan showing the existing grade as well as the grade to which the street or portion of the street is to be opened. Costs and expenses that cannot be assessed upon property benefited must be paid by the borough.

(c) No agreement on damages.--If the parties cannot agree upon damages sustained by reason of the opening or vacation of any street or portion of a street, the damages shall be assessed by a jury of view under the law governing eminent domain.
8 Pa.C.S. § 2451 — PA Code / Title 8 / Chapter 24 / Section 2451
Commission.
Status: in_force

(a) Establishment.--If a borough owns and maintains a water system, there may be established in the borough, by ordinance, a commission of the water system, which shall have the power of a nonprofit corporation, to be composed of either three or five citizens of the borough appointed by the council, who shall be known as commissioners of the water system.

(b) Abolishment.--At any time after three years from the first appointment of the commissioners of the water system, the borough may abolish the commission by repealing the ordinance establishing the commission, which shall terminate the terms of the commissioners then in office.
8 Pa.C.S. § 2026 — PA Code / Title 8 / Chapter 20 / Section 2026
Report of viewers and appeals to court.
Status: in_force

The viewers shall report to the court the result of their investigation. The report shall be confirmed within 30 days unless exceptions are filed. After confirmation of the report or the disposal of any exceptions, any party interested may appeal from the decision of the court of common pleas. Cross References. Section 2026 is referred to in section 2023 of this title.
8 Pa.C.S. § 1301 — PA Code / Title 8 / Chapter 13 / Section 1301
Fiscal year.
Status: in_force

The fiscal year of every borough shall coincide with the calendar year, beginning January 1 and ending December 31.
8 Pa.C.S. § 2906 — PA Code / Title 8 / Chapter 29 / Section 2906
Insurance business.
Status: in_force

A borough may not impose a license fee upon an insurance company, including an agent, or an insurance broker authorized to transact business under the act of May 17, 1921 (P.L.682, No.284), known as The Insurance Company Law of 1921.
8 Pa.C.S. § 3301.7 — PA Code / Title 8 / Chapter 33 / Section 3301.7
Replacement of ordinance books.
Status: in_force

(a) Ordinance.--

(1) If an ordinance book is unserviceable, the council may provide by ordinance for the secretary of the borough to establish a replacement ordinance book recording all ordinances affected by the replacement.

(2) The following apply to an ordinance under this subsection:

(i) The ordinance must be recorded in the ordinance book immediately following the recorded ordinances affected by the replacement.

(ii) The ordinance must direct the secretary, upon completion of the recording, to publish once, in one newspaper of general circulation, a notice:

(A) identifying the ordinances contained in the unserviceable ordinance book; and

(B) stating that the old books and records of borough ordinances and the replacement ordinance book are open to public inspection for the purpose of verification and correction for a period of 30 days from the date of the notice.

(b) Secretary.--

(1) The secretary, in recording the ordinances, must make complete copies of the ordinances, including the date of enactment and approval and the names of the officers who signed them.

(2) After notice and corrections under subsection

(a)(2)(ii), the secretary must certify each ordinance as a correct copy of the original.

(c) Effect.--Upon compliance with subsection (b), the recorded replacement ordinance shall replace the original ordinance as the ordinances of the borough for the period covered by the new ordinance book.
8 Pa.C.S. § 103 — PA Code / Title 8 / Chapter 1 / Section 103
Construction of part.
Status: in_force

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

(1) The provisions of this part that are the same as those of laws existing on January 1, 1966, are intended as a continuation of laws existing on January 1, 1966, and not as new enactments.

(2) The repeal by this part of any act or part of an act shall not revive any act or part repealed or superseded nor affect the corporate existence of any incorporated borough.

(3) The provisions of this part shall not affect any of the following:

(i) Any act done, liability incurred or right accrued or vested.

(ii) Any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of the repealed laws.

(4) All ordinances, resolutions, regulations and rules made under any act repealed under this part shall continue with the same force and effect as if the act had not been repealed to the extent that the ordinances, resolutions, regulations and rules could have been made under this part.

(5) Any individual holding office under any act repealed by this part shall continue to hold office until the expiration of the term, subject to the conditions attached to the office prior to January 1, 1966.

(b) Powers and duties.--Borough council shall have the corporate powers and duties and borough officials shall have the powers and duties under this part and as provided in other laws to the extent that the powers and duties are not repealed under this part.
8 Pa.C.S. § 2755 — PA Code / Title 8 / Chapter 27 / Section 2755
Regulations.
Status: in_force

Upon the acquisition of a municipal forest or land suitable for a municipal forest, the council may promulgate regulations for the government and proper administration of the same as necessary to produce continuing borough revenue by the sale of forest products. Cross References. Section 2755 is referred to in section 2757 of this title.
8 Pa.C.S. § 1105.1 — PA Code / Title 8 / Chapter 11 / Section 1105.1
Retirement benefits of employees transferred to authorities.
Status: in_force

(a) Required membership.--The following employees of municipal authorities shall be members of the borough retirement system upon a written election as provided in this section:

(1) An employee of a wastewater authority created by a borough and one or more townships under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) that commenced operations after December 1, 2001, who satisfies the requirements of subsection (b), has past service credits under the borough retirement plan and has filed a written election to be a member of the borough retirement system with council and the wastewater authority prior to September 14, 2005.

(2) An employee of a municipal authority created by a borough under 53 Pa.C.S. Ch. 56 that commenced operations after October 4, 2010, who satisfies the requirements of subsection (b), has past service credits under the borough retirement plan and files a written election with the council and the authority to be a member of the borough retirement system within one year of July 16, 2012.

(b) Eligibility criteria.--

(1) In order to qualify for the option under subsection

(a), the employee must satisfy both of the following requirements:

(i) Immediately prior to the date of transfer of employment to the authority, be an employee of the borough that, either alone or together with one or more municipalities, established the authority.

(ii) Be an active member of the borough's retirement system on the date that the employee's employment was transferred to the authority.

(2) For an employee who files an election under subsection (a), the affected authority shall:

(i) Deduct from the employee's salary an amount equal to the employee contribution that would have been deducted had the employee continued to be a borough employee and shall pay the deducted amount to the borough's retirement fund.

(ii) Pay to the borough's retirement fund an employer contribution equal to the employer normal cost plus anticipated administrative expenses and amortization payments less general municipal pension system State aid expressed as a percentage of the system's total payroll as calculated by the borough under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, and applied to the payroll of the employee.

(c) State aid calculation.--All employees who elect to be members of the borough retirement system under this section shall be treated as borough employees in determining the borough's annual allocation of general municipal pension system State aid under section 402(e) of the Municipal Pension Plan Funding Standard and Recovery Act, and the annual allocation of general municipal pension system State aid under section

402(e) of the Municipal Pension Plan Funding Standard and Recovery Act shall be payable to the borough.
8 Pa.C.S. § 1901 — PA Code / Title 8 / Chapter 19 / Section 1901
Construction or acquisition and maintenance of bridges and viaducts.
Status: in_force

(a) Authority.--Any borough may locate and build, or acquire by purchase, condemnation or otherwise, any bridge or viaduct and the piers, approaches and abutments for the bridge or viaduct, to be used and thereafter improved and maintained as a street, over any river, creek, stream, railroad or public or private property or over and across a combination of any of them, whether the bridge or viaduct shall be wholly or partly within the borough limits.

(b) Proceedings.--The proceedings for laying out and opening a bridge or viaduct shall be the same as provided by this part for the laying out and opening of streets, and the bridge or viaduct or portion of the bridge or viaduct may thereafter be vacated under the same procedure as provided in this part for the relocation or vacation of streets or portions of streets.
8 Pa.C.S. § 2426 — PA Code / Title 8 / Chapter 24 / Section 2426
Bond issue and limitations.
Status: in_force

(a) Bond issue.--For the purpose of purchasing a water system, the borough may issue utility bonds in the manner provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(b) Limitations.--The bonds shall not exceed in amount the value fixed by the appraisers or the court of common pleas. The proceeds of the sale of the bonds shall be used exclusively for the purpose of paying for the property acquired.
8 Pa.C.S. § 902 — PA Code / Title 8 / Chapter 9 / Section 902
Collection of taxes where vacancy in office of tax collector not filled.
Status: in_force

If a vacancy in the office of tax collector exists and no registered elector of the borough has, within 30 days, received the appointment to fill the vacancy, the county commissioners, the council and the board of school directors of the school district shall collect the tax for the county, the borough and the school district, respectively, through their respective treasurers, or for school districts, at the option of the district, through their secretaries, and for boroughs, at the option of the council, through their secretaries or borough managers. Nothing in this section shall prohibit a borough from providing for agreements or the joint collection of taxes in accordance with sections 4.2 and 4.4 of the act of May 25, 1945 (P.L.1050, No.394), known as the Local Tax Collection Law. Special Provisions in Appendix. See section 4(3)(vi) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 2041.1 — PA Code / Title 8 / Chapter 20 / Section 2041.1
Power to acquire community sewage collection or disposal systems.
Status: in_force

(a) General rule.--A borough may, by ordinance, acquire ownership of a community sewage collection or disposal system by purchase or 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) Assessment of costs and expenses.--In eminent domain proceedings, the viewers shall assess the costs and expenses of the community sewage collection or disposal system 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. § 2759 — PA Code / Title 8 / Chapter 27 / Section 2759
Pruning and thinning.
Status: in_force

(a) Authority.--To comply with the practices and principles of scientific forestry, the council has the following powers:

(1) To pass a resolution to prune or thin out a municipal forest or portion of a municipal forest.

(2) To sell the products of the pruning or thinning out.

(b) Personnel.--To carry out subsection (a), the borough may use its own personnel or contract with skilled personnel.

(c) Bidding and advertising.--The bidding and advertising requirements of this part do not apply to any of the following:

(1) Sales under subsection (a)(2).

(2) Contracts under subsection (b).
8 Pa.C.S. § 2702 — PA Code / Title 8 / Chapter 27 / Section 2702
Power to acquire.
Status: in_force

(a) Authority.--A borough may enter upon, appropriate and acquire by gift, devise, purchase, lease or otherwise private property within the limits of the borough or in any adjacent township. A borough may designate and set apart any lands or buildings owned by the borough and not dedicated or devoted to other public uses.

(b) Joint acquisition.--Two or more boroughs may jointly appropriate and acquire by gift, devise, purchase, lease or otherwise private property within the limits of any township adjacent to any of the boroughs for the purpose of making, enlarging and maintaining recreation places. All the costs and expenses relative to the property acquired by two or more boroughs jointly shall be paid by the respective boroughs in the proportions as may be agreed upon by the respective councils.

(c) Private property of other borough or city.--Any borough may likewise acquire private property within the limits of another borough or city for the purposes designated in this section if the other borough or city shall, by ordinance, signify its consent to the acquisition.
8 Pa.C.S. § 2202 — PA Code / Title 8 / Chapter 22 / Section 2202
Right of entry upon lands.
Status: in_force

A borough may enter upon any land lying near a watercourse and secure the material as may be necessary for the purpose of making and repairing the embankments along the watercourse when the material cannot be obtained by contract at a reasonable price. The borough shall cause no unnecessary damage to the owners of the land, shall repair any fences, structures or damage to the land that is caused by the borough and shall compensate the owner, either by agreement or in accordance with 26 Pa.C.S. (relating to eminent domain), for any materials obtained under this section. Cross References. Section 2202 is referred to in section 2204 of this title.
8 Pa.C.S. § 2053 — PA Code / Title 8 / Chapter 20 / Section 2053
Tapping fees.
Status: in_force

The following shall apply to tapping fees:

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

(2) If a sanitary sewer system or any part or extension of a sanitary sewer system 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 fee to the person or corporation who has paid for the construction of the sanitary sewer system or any part or extension of the sanitary sewer system in accordance with 53 Pa.C.S. § 5607. The total of the refunds shall never exceed the cost of the system or any part or extension of the system to the person or corporation paying for the construction of the system or any part or extension of the system.

(3) Where the property connected or to be connected with the sanitary sewer system of the borough is not equipped with a water meter, the borough may install a meter at its own cost and expense. If the property is supplied with water from the facilities of a public water supply agency, the borough shall not install a meter without the consent and approval of the public water supply agency.
8 Pa.C.S. § 802 — PA Code / Title 8 / Chapter 8 / Section 802
Time and place.
Status: in_force

Elections for borough officers shall be at the time and place designated by law for the holding of municipal elections.
8 Pa.C.S. § 1182 — PA Code / Title 8 / Chapter 11 / Section 1182
Application for examination.
Status: in_force

A person who desires to apply for examination must file with the commission a formal application in which the applicant shall provide, under oath or affirmation, the following information:

(1) Full name and residence or post office address.

(2) Citizenship and place and date of birth.

(3) Condition of health and physical capacity for public service.

(4) Business or employment and the applicant's residence for the past five years.

(5) Other information as may be required by the commission's rules and regulations, showing the applicant's qualifications for the position for which the applicant is being examined.
8 Pa.C.S. § 801 — PA Code / Title 8 / Chapter 8 / Section 801
Eligibility.
Status: in_force

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

(1) Only registered electors of the borough shall be eligible to elective borough offices.

(2) Except as provided under subsection (c) and 53 Pa.C.S. § 1142 (relating to residency during military service), before being sworn into office, each elected

borough officer shall present a signed affidavit to the borough secretary that states that the officer resides in the borough, or within the ward in the case of a ward office, from which elected and has resided in the borough continuously for at least one year immediately prior to the officer's election.

(b) Incompatible offices.--A school director or a trustee of a charter school may not be elected to an elective borough office. No individual may hold more than one elective borough office at the same time.

(c) Exception.--A borough with a population of less than 150 may permit residents that have not resided in the borough continuously for at least one year immediately before the election to be eligible to hold office. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsec. (a). Special Provisions in Appendix. See sections 4(3)(iv) and 5 of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law and applicability. References in Text. Act 54 of 2017 added 53 Pa.C.S. § 1142, which provides that "active military duty" shall not disqualify a person from fulfilling residency requirements for municipal elective office and that one who is a resident of a municipality for at least one year immediately prior to the person's absence due to active military duty shall be deemed to be an ongoing resident of the municipality for purposes of any residency requirement of office unless and until the person demonstrates an intent to establish a new domicile outside the municipality. Cross References. Section 801 is referred to in sections 816, 901 of this title.
8 Pa.C.S. § 2703 — PA Code / Title 8 / Chapter 27 / Section 2703
Appropriation of private property.
Status: in_force

The appropriation of private property for the purpose of making, enlarging and maintaining recreation places is declared to be the taking of private property for public use, and, for all damage suffered by the owners of any property taken in that manner, the funds of the borough raised by taxation shall be pledged as security. The proceedings for the taking of private property and the assessment of damages for private property taken, injured or destroyed under this chapter shall be as provided in 26 Pa.C.S. (relating to eminent domain).
8 Pa.C.S. § 1314 — PA Code / Title 8 / Chapter 13 / Section 1314
Uniform financial report and forms.
Status: in_force

(a) Preparation of uniform forms.--The uniform forms for the annual financial statement required to be made by the auditors or the controller must be prepared by a committee consisting of four representatives from the Pennsylvania State Association of Boroughs, the Secretary of Community and Economic Development, or the secretary's designee, and any additional members appointed under statute.

(b) Appointment of representatives.--The representatives of boroughs must be appointed by the president of the Pennsylvania State Association of Boroughs. The representatives shall be chosen from among the finance officers or other officers of the borough who have knowledge of the borough's fiscal procedures. As far as possible, they must be chosen to represent boroughs in the various population groups. The president of the organization shall supply to the Department of Community and Economic Development the names and addresses of the representatives immediately upon their appointment.

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

(d) Meetings.--The committee shall meet, from time to time, as conditions may warrant at the call of the Secretary of Community and Economic Development, or the secretary's designee, who shall serve as chair of the committee.

(e) Duty of secretary and cooperation.--It shall be the duty of the Secretary of Community and Economic Development, or the secretary's designee, to ensure that the forms required by this chapter are prepared in cooperation with the committee. In the event that the committee should for any reason fail to furnish the cooperation, the Secretary of Community and Economic Development, or the secretary's designee, shall prepare the forms. After their preparation, the secretary shall issue the forms and distribute them annually, as needed, to the proper officers of each borough.
8 Pa.C.S. § 705 — PA Code / Title 8 / Chapter 7 / Section 705
National or State lodge of police officers.
Status: in_force

(a) Authorization.--A council may grant a borough employee who is a duly elected representative of a State lodge of police officers or a local lodge which is a part of any national or State lodge of police officers a leave of absence with pay to attend an annual national or State convention or conference of the lodge, for a period not to exceed four days, including necessary time for travel to and from the convention or conference.

(b) Certification.--An employee receiving time off with pay under subsection (a) shall, upon return, submit to the employee's immediate superior a certificate testifying to the employee's attendance at the convention or conference, signed by at least two responsible officers of the convention or conference.

(c) Limitation.--No more than two elected representatives who are employees of the same borough may attend a convention or conference on behalf of a lodge under this section.
8 Pa.C.S. § 1111 — PA Code / Title 8 / Chapter 11 / Section 1111
Duties.
Status: in_force

(a) Attendance at meetings and maintenance of minutes.--The secretary shall attend all meetings of the council and shall maintain full minutes of its proceedings.

(b) Other duties.--The secretary shall:

(1) Record or transcribe the bylaws, rules, regulations, resolutions and ordinances of the borough in accordance with section 1009 (relating to typewritten, printed, photocopied, microfilmed and electronically or digitally stored records valid and recording or transcribing records).

(2) Preserve the records and documents of the borough, have custody of the corporate seal and deliver to the secretary's successor the seal and all books, papers and other records and things belonging to the borough.

(3) Certify copies of any book, paper, record, bylaw, rule, regulation, resolution, ordinance or proceeding of the borough under the seal of the borough. The copies, if certified, shall be admissible in evidence in any court of this Commonwealth.

(4) Attest the execution of all instruments, record all ordinances and attest the same by the secretary's signature and file of record proof of service of all notices required by law. The secretary's certificate shall be good evidence of notice.

(5) Inform council and the public as required by 65 Pa.C.S. Ch. 7 (relating to open meetings) of all borough meetings, including special meetings of council.

(c) Necessary documents.--The borough shall furnish the secretary with the necessary dockets, books, forms and files as are necessary for the conduct of the office, which documents shall be and remain the property of the borough.
8 Pa.C.S. § 10A07 — PA Code / Title 8 / Chapter 10 / Section 10A07
Duties of mayor.
Status: in_force

The mayor shall have the following duties:

(1) To preserve order in the borough, to enforce the ordinances and regulations, to remove nuisances, to exact a faithful performance of the duties of the officers appointed and to perform any other duties as shall be vested in the mayor's office by law or ordinance.

(2) Except as provided in section 1006(4) (relating to duties of council), to sign papers, contracts, obligations and documents as may be required by law.

(3) To collect any costs and fees received and to pay the money into the treasury, except as provided in section 10A05(b) (relating to salaried mayor not to receive certain fees), to report to the council from time to time on the state of the borough and to make recommendations to the council on matters of borough concern. The borough shall furnish the mayor with the necessary dockets, books, forms and files as are necessary for the conduct of the mayor's office and which shall be and remain the property of the borough and be surrendered to the mayor's successor in office.