73 Pa.C.S. § 6307 — PA Code / Title 73 / Chapter 63 / Section 6307
Benefits and damages.
Status: in_force

In a proceeding in which damages to property are being sought as a result of a public improvement for which an assessment of benefits has been made, the excess of damages over benefits, the excess of benefits over damages or nothing in case the benefits and damages are equal, shall be awarded to or assessed against the owner of land and property affected by the public improvement. Damages shall be calculated in accordance with 26 Pa.C.S. (relating to eminent domain).
73 Pa.C.S. § 5107 — PA Code / Title 73 / Chapter 51 / Section 5107
Workers' compensation insurance.
Status: in_force

(a) General rule.--A contract executed by a township or an officer of a township that involves the construction or doing of work involving the employment of labor shall contain a provision that the contractor shall accept, as far as the work covered by the contract is concerned, the provisions of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, and that the contractor shall insure the contractor's liability under the Workers' Compensation Act and

shall file with the township with which the contract is made a certificate of exemption from insurance from the Bureau of Workers' Compensation of the Department of Labor and Industry. The following shall apply:

(1) The certificate of exemption from insurance may be issued on the basis of either individual self-insurance or group self-insurance.

(2) A contractor shall file with the township with which the contract is made any applications to be excepted by the provisions of the Workers' Compensation Act in respect to certain employees on religious grounds if the applications have been accepted by the Department of Labor and Industry.

(b) Violation.--A contract executed in violation of subsection (a) is void.
73 Pa.C.S. § 3108 — PA Code / Title 73 / Chapter 31 / Section 3108
Financial records to be kept by controller.
Status: in_force

The township controller shall maintain financial records and maintain as many accounts, under appropriate titles, as may be necessary to show separately and distinctly all of the following:

(1) The estates and property, real and personal, vested in the township.

(2) The trusts in the care of the township.

(3) The debts due and owing the township.

(4) The receipts and expenditures of the various departments of the township government.

(5) The appropriations made by the board of commissioners and the sums under the appropriations.
73 Pa.C.S. § 4708 — PA Code / Title 73 / Chapter 47 / Section 4708
Abatement of nuisances.
Status: in_force

(a) General rule.--If the board of health, or health officer if there is no board of health, finds a condition or premises to be a nuisance to the health of the residents of the township, the board of health or health officer shall issue a written order of abatement directed to the owner, agent of the owner or the occupant of the premises. The order, which shall be a public record, shall state that the conditions specified in the order constitute a nuisance and order an abatement of the nuisance within a specified reasonable time.

(b) Noncompliance.--Upon noncompliance of the order under subsection (a), the board shall issue a written order to the health officer directing removal or abatement of the nuisance. An order shall be executed by the health officer or an agent of the health officer. The expense of the execution of the order shall be recoverable as a nuisance claim from the owner of the premises with a 10% penalty.

(c) Other relief.--In lieu of or in addition to the procedures under subsections (a) and (b), the board of commissioners may seek relief from a nuisance or threatened nuisance by an action at law or in equity. The board of commissioners may seek guidance of the board or health officer in determining the nature of the relief requested.
73 Pa.C.S. § 3914 — PA Code / Title 73 / Chapter 39 / Section 3914
Purchase of burial grounds for deceased servicepersons.
Status: in_force

The board of commissioners may appropriate money and purchase plots of ground in a cemetery or burial ground for the interment of deceased servicepersons:

(1) Who die within the township or die beyond the township limits but had a legal residence within the township at the time of death.

(2) Whose bodies are entitled to be buried by the county under the provisions of existing law.
73 Pa.C.S. § 4306 — PA Code / Title 73 / Chapter 43 / Section 4306
General powers.
Status: in_force

The board of commissioners may make and adopt ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution and laws of this Commonwealth as may be expedient or necessary for:

(1) The proper management, care and control of the township and the township's finances.

(2) The maintenance of peace, good government and welfare of the township and the township's trade, commerce and manufactures.
73 Pa.C.S. § 3110 — PA Code / Title 73 / Chapter 31 / Section 3110
Controller to retain financial records, pending appeals.
Status: in_force

During the 45-day period elapsing between the date of filing the controller's report and the expiration of the time for filing the appeal from the report, a township controller shall retain possession of all financial records and other papers that were submitted to the controller for audit of the accounts of township officers. If an appeal is taken under section 3109 (relating to appeals from controller's report), the controller shall continue to hold the financial records and papers for production in the proceeding to determine the appeal.
73 Pa.C.S. § 4359 — PA Code / Title 73 / Chapter 43 / Section 4359
Emergency services.
Status: in_force

(a) General rule.--The township shall ensure that fire and emergency medical services are provided within the township by the means and to the extent determined by the township, including the appropriate financial and administrative assistance for the services.

(b) Consultation with providers.--The township shall consult with fire and emergency medical services providers to discuss the emergency services needs of the township.

(c) Annual itemized listing as condition of funding.--The township shall require each emergency services organization receiving township money to provide to the township an annual itemized listing of all expenditures of the money before the township may consider budgeting additional money to the organization.
73 Pa.C.S. § 5903 — PA Code / Title 73 / Chapter 59 / Section 5903
Paving and curbing sidewalks.
Status: in_force

(a) General rule.--Townships may, upon notice as provided by ordinance, require owners of property abutting on a street, including State highways and county roads, to construct, grade, pave, curb, repave and recurb the sidewalks along the property under regulations and specifications prescribed by ordinance. All reconstruction, repaving and recurbing may be provided for in the ordinance providing for the original construction, paving and curbing, without the necessity for adopting a new ordinance providing for the reconstruction, repaving and recurbing.

(b) Failure to comply.--Upon the failure of a property owner to comply with the notice under subsection (a), a township may cause the construction, grading, paving, curbing, repaving and recurbing to be done by the township itself or by contract, and to levy and collect the cost of the work from the property owner abutting the sidewalk.

(c) Cost.--The cost of any work incurred by the township under subsection (b) may be levied against and collected from the owner who failed to complete the work after notice to do so, together with a penalty of 10% of the costs and all charges and expenses. The costs, penalties, charges and expenses provided for shall be a lien upon the property for which the notice to do the work was given. The lien shall exist from the time of the commencement of the work, which date shall be fixed by the township engineer and certified to the township secretary in accordance with section 3504 (relating to certificate of commencement and of completion of municipal improvements). A lien may be collected by action in assumpsit or by lien filed in the manner provided by law for the filing and collection of municipal claims, or the cost of any construction, grading, paving, curbing, repaving and recurbing may be borne in whole or in part by the township. If the township pays in part, the remaining cost shall be collected as provided by this section.

(d) Notice.--

(1) Each notice shall be served upon the owner of the premises to which the notice refers, if the owner is a resident of the township. If the owner is not a resident, the notice may be served upon the agent or tenant of the owner or upon the occupant of the premises. If the owner has no agent or tenant or there is no occupier of the premises, service shall be by notice posted upon the premises.

(2) The notice required by this section shall specify a period of time of not less than 60 days for the owner to complete the specified work. If the work has not been completed after the specified time has elapsed, the owner shall be deemed to have failed to comply. Cross References. Section 5903 is referred to in sections 5904, 5905 of this title.
73 Pa.C.S. § 5521 — PA Code / Title 73 / Chapter 55 / Section 5521
Improving or vacating streets by agreement.
Status: in_force

(a) Board powers after damages.--When the board of commissioners constructs, changes, widens, relocates, vacates or alters any portion of a public street under the board of commissioners' supervision, and can agree with the property owners affected by the change as to damages, the board of commissioners may, upon payment of damages agreed upon, construct, change, widen, relocate, vacate or alter the portion of the street as contemplated in the agreement without the formality of a view.

(b) Record of agreement.--A copy of the agreement stating the facts regarding the construction, change, widening, relocation, vacation or alteration, accompanied by a map or draft of the street agreed to be constructed, changed, widened, relocated, vacated or altered, shall be presented and recorded in the office of the recorder of deeds or similar office in home rule counties after which the new location is the public street or the old location is vacated.

(c) Construction.--Nothing contained in this section shall be construed to prohibit a township from paying for curbs, gutters, sidewalks, retaining walls and incidental work necessitated by such construction, change, alteration, relocation, vacation or widening in cases where the necessary land is dedicated to the township for public use.
73 Pa.C.S. § 5532 — PA Code / Title 73 / Chapter 55 / Section 5532
Boundary streets.
Status: in_force

(a) Boundary streets.--When a street, other than a State or county road, is created or located along, on or over boundaries between a township and any other municipal corporation, the creation, location, construction, maintenance and repair of the street shall be the joint responsibility of the township and the municipal corporation with which the common boundary is shared.

(b) Board agreements.--The board of commissioners may make agreements with the governing body of the municipal corporation with which the common boundary is shared to provide for the apportionment of the cost of construction, maintenance and repair of boundary streets.

(c) Court determination.--If an amicable agreement on the proportionate share of costs of construction, maintenance and repair of boundary streets cannot be executed, the board of commissioners or the governing body of the other municipal corporation involved may petition the court of common pleas of the county for a determination of the rights and responsibilities of the respective municipal corporations involved.

(d) Court order.--The court, after hearing of which notice shall be given to all parties interested as the court may direct, shall make an order directing the manner of the opening and maintenance and the division of the costs between the township and the other municipal corporation.
73 Pa.C.S. § 4704 — PA Code / Title 73 / Chapter 47 / Section 4704
Duties of secretary.
Status: in_force

The secretary of the board has the following duties:

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

(2) Transmit bills to the board of commissioners for payment in the same manner as other bills of the township are paid.

(3) Draw requisitions for the payment of money on account of the board of health and present the requisitions to the president of the board for the president's approval.

(4) Provide statements of the expenditures to the board at each stated meeting or as frequently as the board requires.

(5) Prepare, under the direction of the board, the annual report to the board of commissioners and the estimate of appropriation needed for the following year.

(6) Report to the Department of Health at statutorily or regulatorily required intervals the cases of communicable disease reported to the board of health on the form provided

by the Department of Health and make an annual report to the Department of Health.

(7) Perform other duties as may be required by the board of health.
73 Pa.C.S. § 7701 — PA Code / Title 73 / Chapter 77 / Section 7701
Ordinances and resolutions.
Status: in_force

(a) Authority.--

(1) The board of commissioners shall pass ordinances in accordance with this chapter and the laws of this Commonwealth in which the powers of the township shall be exercised:

(i) as deemed beneficial to the township; and

(ii) to provide for the enforcement of the powers of the township.

(2) The board of commissioners may amend or repeal existing ordinances by the passage of subsequent ordinances.

(b) Ordinances.--Every legislative act of the board of commissioners must be by ordinance. A legislative act includes:

(1) Legislation doing any of the following:

(i) Exercising the police power of the township.

(ii) Regulating land use, development and subdivision.

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

(iv) Regulating the conduct of a person within the township and imposing a penalty for violation of the regulated conduct.

(2) Imposing an assessment on benefited property for public improvements under Chapter 63 (relating to assessments for public improvements).

(3) Increasing the rate of taxation from the previous fiscal year.

(c) Resolutions.--The board of commissioners shall pass resolutions in accordance with this chapter and the laws of this Commonwealth. Resolutions may be passed for any purpose, including:

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

(2) Statements of public policy of the board of commissioners.

(3) Approval of formal agreements of the township. This paragraph does not include agreements arising under an established purchasing system of the township.

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

(5) Levying a tax at the same or a lower rate than the previous fiscal year.
73 Pa.C.S. § 4709 — PA Code / Title 73 / Chapter 47 / Section 4709
Expenditures.
Status: in_force

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

(b) Appropriations.--The board of commissioners shall make appropriations based on the estimate as deemed necessary.

(c) Report.--The board of health or the health officer shall, each January, submit a report to the board of commissioners on the appropriation and expenditures for the preceding fiscal year and information on subjects relative to the sanitary conditions or requirements of the township.
73 Pa.C.S. § 4911 — PA Code / Title 73 / Chapter 49 / Section 4911
Tax rates to be expressed in dollars and cents.
Status: in_force

If the board of commissioners, by ordinance or resolution, fixes the rate of taxation for any year at a mill rate, the ordinance or resolution shall also include a statement expressing the rate of taxation in dollars and cents on each $100 of assessed valuation of taxable property.
73 Pa.C.S. § 4309 — PA Code / Title 73 / Chapter 43 / Section 4309
Police force.
Status: in_force

The board of commissioners may establish, equip, maintain and define the duties of a police force.
73 Pa.C.S. § 4316 — PA Code / Title 73 / Chapter 43 / Section 4316
Numbering buildings.
Status: in_force

The board of commissioners may, by ordinance, require and regulate the numbering of buildings and lots.
73 Pa.C.S. § 1950 — PA Code / Title 73 / Chapter 19 / Section 1950
Removals.
Status: in_force

(a) Police or fire force employees.--An individual employed in a police or fire force of a township may not be suspended without pay, removed or demoted except for the following reasons:

(1) Physical or mental disability affecting the individual's ability to continue in service, in which case the individual shall receive an honorable discharge from service.

(2) Neglect or violation of any official duty.

(3) Violation of any law of this Commonwealth, if the violation constitutes a misdemeanor or felony.

(4) Inefficiency, neglect, intemperance or disobedience of orders or conduct unbecoming an officer.

(5) Intoxication while on duty.

(6) Engaging or participating in the conduct of a political or election campaign otherwise than to exercise the individual's own right of suffrage, except that this clause shall only apply to a police officer while on duty or in uniform or while using township property.

(7) Engaging or participating in the conduct of a political or election campaign for an incompatible office under section 4101 (relating to appointment, compensation and training of police officers).

(a.1) Limitations.--An individual employed by a police or fire force may not be removed for religious, racial or political reasons.

(a.2) Written statement.--A written statement of charges made against an employee shall be furnished to the individual within five days after the statement of charges are filed with the commission. The individual shall have 10 days from the date of receiving the notice to submit a written request for a hearing to the commission under section 1951 (relating to hearings on dismissals and demotions).

(b) Necessary reduction.--If, for reasons of economy or other reasons, the township deems necessary a reduction of the number of paid employees of the police or fire force, the township shall furlough the individual, including a probationer, last appointed to the respective force. The removal shall be accomplished by furloughing in numerical order commencing with the individual last appointed until the reduction has been accomplished. If the police or fire force shall again be increased, the employees furloughed shall be reinstated in the order of the employee's seniority in the respective service. This subsection, as to reductions in force, is not applicable to a chief of police or fire chief.
73 Pa.C.S. § 4320 — PA Code / Title 73 / Chapter 43 / Section 4320
Fireworks and inflammable articles.
Status: in_force

In conformity with Federal and State laws and regulations, the board of commissioners may, with respect to fireworks and inflammable articles:

(1) Regulate and prohibit, by ordinance, the manufacture of fireworks or inflammable or dangerous articles.

(2) Grant permits for display fireworks and adopt rules and regulations governing the displays.

(3) Adopt, by ordinance, rules and regulations relating to the storage of inflammable articles.

(4) Impose, by ordinance, other safeguards concerning fireworks and inflammable articles as may be necessary for the health, safety and welfare of the public.
73 Pa.C.S. § 103 — PA Code / Title 73 / Chapter 1 / Section 103
Savings clauses where class of township changed.
Status: in_force

If a township of the second class is designated a township of the first class, or if a township of the first class is reestablished as a township of the second class, all liabilities incurred, rights accrued or vested, obligations issued or contracted and all suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or to punish any offense committed before the change of class, and all ordinances, resolutions, rules and regulations shall continue with the same force and effect as if no change had been made.
73 Pa.C.S. § 4362 — PA Code / Title 73 / Chapter 43 / Section 4362
Electricity.
Status: in_force

The board of commissioners may manufacture and sell electricity and regulate its use and prices under Chapter 67 (relating to manufacture and sale of electricity).
73 Pa.C.S. § 6302 — PA Code / Title 73 / Chapter 63 / Section 6302
Authority to assess.
Status: in_force

(a) Authority.--Unless otherwise provided for in this chapter, a township is authorized to assess all or any portion of the costs of a public improvement against any properties that are benefited by the public improvement.

(b) Payment of costs.--Unless otherwise provided in this chapter, in addition to the authority to assess the cost of public improvements against properties benefited either on the front foot method or benefit conferred method of assessment, a township may pay for the cost of public improvements, in whole or in part, from the township general fund or from a special township fund dedicated to that purpose.

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

(d) Assessment outside of township.--Property benefited, improved or accommodated that is located outside the limits of the township that constructed the public improvement may, if located no more than 150 feet from the public improvement, be assessed for the cost of the public improvement in the same manner as the property would be assessed under the laws of this Commonwealth if the property were entirely located within the limits of the township. Cross References. Section 6302 is referred to in section 6303 of this title.
73 Pa.C.S. § 7901 — PA Code / Title 73 / Chapter 79 / Section 7901
Collection of municipal claims.
Status: in_force

(a) Assumpsit.--

(1) If a township has a municipal claim for making an improvement, providing water or sewer service or removing a nuisance, the township may collect the claim by an action in assumpsit against the person that owned the property at the time of the completion of the improvement or at the time the applicable water or sewer rate or the cost of the removal of the nuisance first became payable. The remedy under this paragraph is in addition to the remedies provided by law for the filing of liens for the collection of municipal claims, including water rates, sewer rates and the removal of nuisances.

(2) This subsection applies notwithstanding the fact that there was a failure on the part of the township or its agent to enter the municipal claim as a lien.

(b) Limitation of action.--An action in assumpsit must be commenced either within six years after:

(1) completion of the improvement;

(2) the applicable water or sewer rate becomes payable; or

(3) the cost of removal of the nuisance becomes payable.
73 Pa.C.S. § 6501 — PA Code / Title 73 / Chapter 65 / Section 6501
Contracts for water supply and development of own water supply.
Status: in_force

(a) Contracting allowed.--Townships may contract with an adjoining municipal corporation owning a water system or with a municipal authority or a private company for a supply of water for public and private uses to be delivered into the lines of the township at, near or within the boundaries of the township.

(b) Additional allowance.--This section does not prohibit a contract between a township and a municipal corporation, or a private company, for the supply of water in territory being supplied by any other private company.

(c) Water system.--A township may construct, maintain and operate its own water system and shall have full power by contract to develop an independent supply of water at any time, and the township is not required to purchase a water supply needed by the township from either an adjoining municipal corporation or from a private company.
73 Pa.C.S. § 4325 — PA Code / Title 73 / Chapter 43 / Section 4325
Ambulances and rescue and lifesaving services.
Status: in_force

The board of commissioners may:

(1) Acquire, operate and maintain motor vehicles for the purposes of transporting sick and injured individuals to and from hospitals.

(2) Appropriate funds toward ambulance and rescue and lifesaving services.

(3) Enter into contracts relating to rescue and lifesaving services.
73 Pa.C.S. § 1102 — PA Code / Title 73 / Chapter 11 / Section 1102
Definitions.
Status: in_force

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

"Board of commissioners." The board of township commissioners of a township of the first class.

"Highway." A road or highway of the State highway system.

"Individual." A natural person.

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

"Municipal corporation." A city, borough, incorporated town, township of the first or second class or a home rule municipality other than a county.

"Municipality." A county, city, borough, incorporated town, township of the first or second class or a home rule municipality.

"Pennsylvania Municipalities Planning Code." The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code.

"Person." Includes a natural person, corporation, partnership, limited liability company, business trust, other association, government entity other than the Commonwealth, estate, trust or foundation.

"Street." Includes a street, road, lane, alley, court or public square.

"Township." A township of the first class.
73 Pa.C.S. § 3101 — PA Code / Title 73 / Chapter 31 / Section 3101
Oath and bond of controller.
Status: in_force

(a) Oath.--The township controller, if the office of township controller has been created, shall take the required oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office) before entering upon the duties of office.

(b) Bonds.--In accordance with section 1902 (relating to bonds), the township controller shall give bond to the township with a surety company or other company authorized by the laws of this Commonwealth to act as surety and approved by the board of commissioners. The amount of the bond shall be a sum determined by the board of commissioners as specified in an ordinance and conditioned for the faithful discharge of the township controller's duties. The amount of the bond shall be sufficient to adequately protect the township from any illegal or unfaithful action by the township controller. The cost of the bond shall be paid by the township.

(c) Insurance.--In lieu of the bond required for the faithful performance by the township controller of official duties under subsection (b), the board of commissioners may purchase insurance as provided under section 1902(b).
73 Pa.C.S. § 6506 — PA Code / Title 73 / Chapter 65 / Section 6506
Property damages.
Status: in_force

If the compensation and damages arising from the taking, injury or destruction of private property cannot be agreed upon, the township shall proceed under 26 Pa.C.S. (relating to eminent domain).
73 Pa.C.S. § 1905 — PA Code / Title 73 / Chapter 19 / Section 1905
Annuities.
Status: in_force

(a) Post-retirement compensation.--A township may provide, by ordinance, an employee of at least 10 years of satisfactory service and who is at least 60 years of age upon termination

of active employment with the township, a proportion of the compensation last paid to the employee, not in excess of 50% of the compensation.

(b) Pension plan.--An arrangement to provide postretirement compensation to a retired appointee and employee under this section shall be a pension plan within the meaning of the term under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act, and the township establishing the plan shall provide funding of the pension plan in an amount sufficient to meet the minimum obligation of the municipality with respect to the pension plan under the Municipal Pension Plan Funding Standard and Recovery Act.

(c) Pension system or municipal retirement system.--Nothing in this section shall be construed to preclude an employee of the township from joining a pension system or municipal retirement system that the township may establish or adopt.

(d) Prohibition.--Beginning on December 28, 2020, a township may not provide for an annuity in lieu of employees joining a pension or retirement system. Nothing in this subsection shall be construed to affect the rights of a current or retired employee or appointee of a township entitled to payments granted in accordance with an annuity entered into prior to December 28, 2020.
73 Pa.C.S. § 3 — PA Code / Title 73 / Chapter 3 / Section 3
Continuation of prior law.
Status: in_force

The addition of 73 Pa.C.S. Pts. I and II is a continuation of the act of June 24, 1931 (P.L.1206, No.331), known as The First Class Township Code. The following apply:

(1) Except as otherwise provided in 73 Pa.C.S. Pt. I or II, all activities initiated under The First Class Township Code shall continue and remain in full force and effect and may be completed under 73 Pa.C.S. Pt. I or II. Orders, regulations, rules and decisions which were made under The First Class Township Code and which are in effect on the effective date of section 2(2) of this act shall remain in full force and effect until revoked, vacated or modified under 73 Pa.C.S. Pt. I or II. Contracts, obligations and collective bargaining agreements entered into under The First Class Township Code are not affected nor impaired by the repeal of The First Class Township Code.

(2) Except as set forth in paragraph (3), any difference in language between 73 Pa.C.S. Pts. I and II and The First Class Township Code is intended only to conform to the style

of the Pennsylvania Consolidated Statutes and is not intended to change or affect the legislative intent, judicial construction or administration and implementation of The First Class Township Code.

(3) Paragraph (2) does not apply to the addition of the following provisions: 73 Pa.C.S. § 1711(a.2). 73 Pa.C.S. § 2103(a.2). 73 Pa.C.S. § 2904(a) and (d). 73 Pa.C.S. § 2923(a). 73 Pa.C.S. § 5904(a). 73 Pa.C.S. § 7702(a), (a.1) and (a.2). Explanatory Note. Act 7 added Parts I, II and III (Reserved) to Title 73.
73 Pa.C.S. § 6504 — PA Code / Title 73 / Chapter 65 / Section 6504
Distribution system and State permit.
Status: in_force

A township entering into a contract for the supply of water may, by ordinance, provide, regulate and protect a system of water distribution after filing a certified copy of the plans and surveys for the system, with a description of the sources from which it is proposed to derive the supply, with the Department of Environmental Protection and, if required by law, other Federal or State entities, and written permits for the construction of the system are issued in accordance with existing law.
73 Pa.C.S. § 5305 — PA Code / Title 73 / Chapter 53 / Section 5305
Title acquired.
Status: in_force

Except as otherwise provided by law, if land or other real or personal property is acquired by a township in eminent domain proceedings, other than for street or highway or easement purposes, or is acquired by gift, purchase or otherwise, the title obtained by the township shall be in fee simple absolute or like absolute ownership unless the parties agree otherwise in writing and the agreement expressly appears in a recorded deed affecting real property acquired by the township or in the notice of condemnation.
73 Pa.C.S. § 3109 — PA Code / Title 73 / Chapter 31 / Section 3109
Appeals from controller's report.
Status: in_force

An appeal may be taken from the settlement and audit of the controller as shown in the controller's report to the court of common pleas of the county by the same individual, in the same manner, within the same time, subject to the same conditions and procedures and with the similar effect in every respect as provided under this part for an appeal from the settlement and audit of the auditors as shown in their report.

Cross References. Section 3109 is referred to in section 3110 of this title.
73 Pa.C.S. § 4356 — PA Code / Title 73 / Chapter 43 / Section 4356
Neighborhood crime watch programs.
Status: in_force

(a) General rule.--The board of commissioners may appropriate money annually to a neighborhood crime watch program.

(b) Immunity.--Notwithstanding any other provision of law, no township or official of a township shall become subject to contractual, tort or other liability as a result of having made an appropriation under this section.
73 Pa.C.S. § 7306 — PA Code / Title 73 / Chapter 73 / Section 7306
Joint ownership and maintenance.
Status: in_force

(a) Authority.--A township may join or establish, with other municipalities, a joint recreation board under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). The joint recreation board may acquire property for and operate and maintain parks, public recreation areas and facilities. A school district may join with the township in equipping, operating and maintaining parks, public recreation areas and facilities and may appropriate money for those actions.

(b) Costs and expenses.--Costs and expenses of the joint recreation board, including those relative to property jointly acquired, shall be paid for by the respective municipalities as specified in the intergovernmental cooperation agreement. Cross References. Section 7306 is referred to in section 4908 of this title.
73 Pa.C.S. § 7320 — PA Code / Title 73 / Chapter 73 / Section 7320
Maintenance by township and funds.
Status: in_force

(a) Responsibility.--The township shall pay:

(1) the cost and expense of caring for shade trees after planting; and

(2) the expense of publishing the notice under sections 7317 (relating to notice of work) and 7318 (relating to payment by owners and assessment).

(b) Certification.--The shade tree commission shall annually certify costs and expenses under subsection (a) to the board of commissioners.

(c) Appropriation.--Instead of levying the tax authorized under the general tax levying powers of this part, the board of commissioners may provide for the expenses under subsection

(a) by an appropriation equal to the amount certified under subsection (b).
73 Pa.C.S. § 4901 — PA Code / Title 73 / Chapter 49 / Section 4901
Fiscal year, annual budget and regulation of appropriations.
Status: in_force

(a) Fiscal year.--The fiscal year in townships of the first class shall begin on January 1 and end on December 31.

(b) Annual budget.--The board of commissioners shall annually prepare a proposed budget for all funds for the ensuing fiscal year. The proposed budget shall reflect as nearly as possible the estimated revenues and expenditures of the township for the year for which the budget is prepared.

(c) Notice of proposed budget.--Notice that the proposed budget is available for inspection and copying shall be published by the township in a newspaper of general circulation in accordance with the provisions of section 1107 (relating to legal advertising). The proposed budget shall be kept on file with the township secretary and be made available for public inspection and copying by the township secretary for a period of 20 days. The notice shall state the date fixed by the board of commissioners for adoption of the proposed budget, and notice shall be published at least 20 days prior to the time fixed by the board of commissioners for adoption of the proposed budget. A township may not prepare and advertise notice of a proposed budget when the budget is knowingly inaccurate.

(d) Adoption of budget.--After the proposed budget has been available for public inspection for at least 20 days, the board of commissioners shall, after making revisions as appropriate, adopt the final budget not later than December 31.

(e) Revision of budget.--Upon a revision of the proposed budget, if the estimated revenues or expenses in the budget will be increased more than 10% in the aggregate, or more than 25% on any individual item, over the proposed budget, it shall be presumed that the tentative budget was inaccurate, and the proposed budget may not be legally adopted with the increases unless the proposed budget is again advertised once, at least 10 days before adoption, and an opportunity given to taxpayers to examine the amended proposed budget.

(f) Regulation of appropriations.--The tax levied by the board of commissioners shall be fixed, within the limit allowed by law, that together with other sources of revenue will meet and cover appropriations. The total appropriation may not exceed the revenues estimated as available for the fiscal year. If the

money available from taxation and other sources is estimated to be in excess of the requirements of the ensuing fiscal year, an appropriation may be made for the payment of township orders or indebtedness of the previous years. A budget adopted in the December prior to the fiscal year to which the budget applies may be amended.

(g) Supplemental appropriations.--The board of commissioners may at any time by resolution make supplemental appropriations for any lawful purpose from any money on hand or estimated to be received within the fiscal year and not appropriated to any other purpose, including the proceeds of any borrowing as authorized by law. Supplemental appropriations may be made whether or not an appropriation for that purpose was included in the original budget as adopted.

(h) Transfers.--The board of commissioners may, by resolution, transfer unencumbered money from one township account to another, but no money may be transferred from the fund allocated for the payment of debts or from any fund raised by a special tax levy or assessment for a particular purpose. Transfers may not be made during the first three months of the fiscal year. No money may be paid out of the township treasury except upon appropriation made according to law.
73 Pa.C.S. § 5902 — PA Code / Title 73 / Chapter 59 / Section 5902
Width.
Status: in_force

The width of a sidewalk shall be fixed by the board of commissioners either by ordinance or resolution.
73 Pa.C.S. § 4313 — PA Code / Title 73 / Chapter 43 / Section 4313
Public safety.
Status: in_force

The board of commissioners may take all necessary means to secure the safety of persons or property within the township.
73 Pa.C.S. § 5702 — PA Code / Title 73 / Chapter 57 / Section 5702
Maintenance.
Status: in_force

(a) Maintained as township structure.--A bridge shall be maintained as a township structure, and the township may contract with any party interested, except the county, for the maintenance of the bridge.

(b) Unrecorded county bridge.--If a bridge, or part of a bridge, has been built by the county, or the whole or part of the money necessary to build the bridge has been furnished by the county, and the bridge has not been entered on record as a county bridge, the bridge shall be maintained, kept in repair and rebuilt, when necessary, by the township or municipal corporation in which, or on the boundary line of which, the bridge is located, without rendering the county liable for the maintenance and repair of the bridge.
73 Pa.C.S. § 7506 — PA Code / Title 73 / Chapter 75 / Section 7506
Reserved powers.
Status: in_force

(a) Scope.--This section applies if the Uniform Construction Code, or a replacement code, is no longer applicable in townships as a result of:

(1) legislative action; or

(2) a final judicial order:

(i) for which the time for appeal has expired, and no appeal has been taken; or

(ii) from which there is no pending appeal.

(b) Powers.--If subsection (a) applies, the board of commissioners has the following powers:

(1) Pass and enforce an ordinance to regulate land and improvements as follows:

(i) The ordinance may be related to any of the following:

(A) Construction and reconstruction.

(B) Alteration.

(C) Repair and maintenance.

(D) Conversion.

(E) Occupation and use.

(F) Sanitation, ventilation, heating, egress, lighting, electrical wiring, water supply, toilet facilities, drainage and plumbing.

(G) Fire prevention and fireproofing. This subparagraph includes prescribing limitations under which only buildings of noncombustible material and fireproofed roofs are used in construction, erection or substantial reconstruction.

(H) Inspection.

(ii) The ordinance may be combined with the property maintenance code ordinance.

(iii) Section 7505 (relating to property maintenance code) applies.

(iv) The ordinance may provide for reasonable fines and penalties for violation.

(2) Require approval of plans and specifications before work of construction, reconstruction, alteration, extension, repair or conversion of a building begins.

(3) Do all of the following related to building inspectors, housing inspectors, property maintenance inspectors, fire prevention inspectors, electrical inspectors and plumbing inspectors:

(i) Appoint them.

(ii) Fix their compensation.

(iii) Grant the right to enter upon and inspect a premises, subject to constitutional standards, at reasonable hours and in a reasonable manner, for the

administration and enforcement of the ordinance under paragraph (1). A fee payable to an inspector as provided in the ordinance under paragraph (1) shall be promptly remitted to the township treasurer for the use of the township.

(4) In addition to the penalties provided by the ordinance under paragraph (1), institute an action in equity to:

(i) enjoin unlawful construction, reconstruction, alteration, extension, repair, conversion, maintenance, use or occupation of property located within the township;

(ii) correct the unlawful action; and

(iii) prevent the use or occupancy of the building, housing or structure.
73 Pa.C.S. § 5904 — PA Code / Title 73 / Chapter 59 / Section 5904
Repair of sidewalks.
Status: in_force

(a) General rule.--The owners of property abutting any street, including State highways and county roads, shall keep the sidewalk, together with any portion of the property paved along such a street and used as a sidewalk or public walk, in good order and repair, and, at all times, free and clear of all obstruction to safe and convenient passage.

(b) Failure to comply.--If the property owner neglects to perform the duty imposed in subsection (a), the board of commissioners may serve written notice upon the property owner under section 5903(d)(1) (relating to paving and curbing sidewalks) to do what is necessary. If the property owner fails to comply with the requirements of the notice within 30 days from the date of service, the township may make the necessary repairs or remove any obstruction. The cost of the work, together with a penalty of 10%, shall be paid by the delinquent property owner and may be collected by action of assumpsit, or the township may file a municipal lien against the property.
73 Pa.C.S. § 1931.1 — PA Code / Title 73 / Chapter 19 / Section 1931.1
Appointments of police and firefighters.
Status: in_force

(a) Applicability.--This subchapter shall not apply to:

(1) A township having a police force of less than three members.

(2) A volunteer fire department or company employing their own firefighters.

(3) A township having less than three salaried firefighters.

(b) Compensation.--This subchapter is subject to the power of the board of commissioners to determine compensation.

(c) Qualification.--An appointment to and promotion in the township's police force or fire department paid directly by the township shall be made only according to qualifications and fitness to be ascertained by an examination. An examination for qualifications and fitness shall be competitive as provided under this subchapter.

(d) Suspension, removal or demotion.--Except as provided under this subchapter, an individual may not be suspended, removed or demoted as a paid employee in a police force or as a paid firefighter of a township.

(e) Retirement.--Nothing in this subchapter shall apply to retirement, be construed to prevent a township from adopting a compulsory retirement age for the township's employees or any class of employees or to prevent the township from retiring the township employees automatically when the employees attain the compulsory retirement age. Cross References. Section 1931.1 is referred to in section 1932 of this title.
73 Pa.C.S. § 4329 — PA Code / Title 73 / Chapter 43 / Section 4329
Hospital appropriations.
Status: in_force

The board of commissioners may, in townships having a population of 2,000 inhabitants or more, appropriate money for the support of an incorporated hospital that is engaged in charitable work and extends treatment and medical attention to the residents of the township.
73 Pa.C.S. § 4303 — PA Code / Title 73 / Chapter 43 / Section 4303
Personal property.
Status: in_force

(a) Approval, fair market value and advertisement.--Except as provided in subsection (d), township personal property may not be disposed of, by sale or otherwise, except upon approval of the board of commissioners. The following apply:

(1) If the board of commissioners approves a sale of property, the board of commissioners shall estimate the fair market value of the entire lot to be disposed of.

(2) If the board of commissioners estimates the fair market value to be $2,000 or more, the entire lot shall be advertised for sale once, in at least one newspaper of general circulation, not fewer than 10 days prior to the

date fixed for the opening of bids or public auction. The date of opening of bids or public auction shall be announced in the advertisement, and sale of the property advertised shall be made to the highest bidder.

(b) Online or electronic sales.--A public auction of personal property may be conducted by means of an online or electronic auction sale. The following apply:

(1) During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement.

(2) During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. The bidder may increase the bidder's bid price during the electronic auction.

(3) The record of the electronic auction shall be accessible for public inspection.

(4) The purchase price shall be paid by the highest bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by the board of commissioners.

(5) Any incurred shipping costs shall be paid by the highest bidder.

(6) A township that has complied with the advertising requirements of this section may provide additional public notice of the sale by bids or public auction in any manner deemed appropriate by the board of commissioners.

(7) The advertisement for electronic auction sales authorized in this section shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(c) Rejection of bids.--The board of commissioners may reject any bids received if the bids are believed to be less than the fair market value of the property. If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for services, the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(d) Surplus personal property.--The board of commissioners shall, by resolution, adopt a procedure for the sale of surplus personal property, either individual items or lots of items, of an estimated fair market value of less than $2,000. The approval of the board of commissioners shall not be required for an individual sale that is made in conformity with the procedure.

(e) Trades or exchanges.--The provisions of this section shall not be mandatory if township personal property is to be traded in or exchanged for new or used personal property being acquired by the township, except that the trade or exchange shall be by resolution.