8 Pa.C.S. § 213 — PA Code / Title 8 / Chapter 2 / Section 213
Adjustment of indebtedness.
Status: in_force

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

(1) After the election of a council under section 211 (relating to temporary preservation, organization and election of officers) when a borough is newly incorporated, the council and the governing body of the township from which the borough was created shall make an equitable adjustment and apportionment of all the public real and personal property owned by the township at the time of the incorporation of the borough.

(2) Except as provided under paragraph (3), the property under paragraph (1) shall include funds and indebtedness.

(3) If adjusting property and indebtedness under paragraph (1), streets, sewers and utilities may not be considered except to the extent that current and unpaid indebtedness was incurred for the construction and improvement of the property.

(b) Proportion.--In making the adjustment and apportionment under subsection (a), the following shall apply:

(1) The borough shall be entitled to a division of the property and indebtedness in the same proportion that the

assessed valuation of the taxable real estate included within the territorial limits of the newly incorporated borough bears to the assessed valuation of the taxable real estate in the entire township immediately prior to the incorporation of the borough. The township shall be entitled to the remainder of the property and indebtedness.

(2) If indebtedness was incurred by the township for an improvement located wholly within the territorial limits of the newly incorporated borough, the indebtedness shall be assumed by the borough.

(3) If only part of the improvement is located within the newly incorporated borough, the part of the indebtedness representing the part of the improvement located within the borough shall be assumed by the borough, and the adjustment and apportionment of any remaining debt shall be retained by the township.

(c) Form.--The adjustment and apportionment made under this section must meet all of the following:

(1) Be in writing and duly executed and acknowledged by the secretary or clerk of the township and the secretary of the borough.

(2) Be filed in the office of the clerk of the court of common pleas of the county.

(3) Be filed as a copy with the Department of Community and Economic Development.
8 Pa.C.S. § 1001 — PA Code / Title 8 / Chapter 10 / Section 1001
Organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility.
Status: in_force

(a) Organization.--The council shall organize on the first Monday of January of each even-numbered year by electing one member as president and one member as vice president, who shall hold the offices at the pleasure of the council. If the first Monday is a legal holiday, the meeting and organization shall take place the following day. Any action taken by any council at any time between 12:01 a.m. on January 1 of an even-numbered year and the organization of council in that year shall be subject to reconsideration by the new council at any time within ten days after organization. The council may, at the organizational meeting, appoint other officers as may be provided for by law or ordinance, or as may be deemed necessary for the conduct of affairs of the borough, and may transact any other business as may come before the meeting. The president, and, during the president's absence or incapacity, the vice president, shall preside over the meetings of council and perform other duties as are prescribed by this part or by ordinance.

(b) Quorum.--A majority of the membership of council then in office shall constitute a quorum. Except as provided in subsection (c), only council members physically present at a meeting place within the borough shall be counted in establishing a quorum.

(c) Telecommunication.--Council may provide for the participation of council members in council meetings by means of telecommunication devices, such as telephones or computer terminals, which permit, at a minimum, audio communication between locations, if the following apply:

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

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

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

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

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

(4) Physical absence of a council member. Council may only authorize participation by telecommunication device for one or more of the following reasons:

(i) illness or disability of the member of council;

(ii) care for the ill or newborn in the member's immediate family;

(iii) emergency; and

(iv) family or business travel.

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

(d) Voting.--A member of the council shall not be disqualified from voting on any issue before the council solely because the member has previously expressed an opinion on the issue in either an official or unofficial capacity.

(e) Compensation.--Members of council may receive compensation to be fixed by ordinance as follows:

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

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

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

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

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

(6) In boroughs with a population of 35,000 or more, a maximum of $8,385 per year. The salaries shall be payable monthly or quarterly for the duties imposed by this part. Benefits provided to members of council under section 1202(26) (relating to specific powers) shall not be considered pay, salary or compensation, but payment for all or a part of the premiums or charges for the benefits shall be in accordance with section 1202(26). Any change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the member of council.

(e.1) Alternative compensation.--Notwithstanding subsection

(e), the council may provide that members of the council shall receive compensation on a per-meeting basis based on attendance of members of council. Total annual compensation may not exceed the amounts specified in subsection (e). Compensation shall only be payable for duly advertised public meetings in which a member of council participated, except compensation is not payable if a member of council is absent from a meeting and the absence is not excused. Excused absence from a meeting shall be determined by council and shall include, but not be limited to, an emergency or illness of the member of council or the member's immediate family, as well as family or business travel. Council may require documentation to support an excused absence.

(f) Eligibility for compensation.--The population shall be determined by the latest available official census figures, except that a borough shall not be required to reduce the salary of a mayor or member of council as a result of a decrease in population. In no case shall the compensation for any member of council exceed that of the mayor in any given borough, but, if the mayor's compensation exceeds that authorized by this section for members of council, the president of council may receive compensation not to exceed that of the office of mayor. (Oct. 31, 2024, P.L.1120, No.131, eff. 60 days)

2024 Amendment. Act 131 amended subsecs. (e) and (f) and added subsec. (e.1). Cross References. Section 1001 is referred to in sections 1003, 1006 of this title.
8 Pa.C.S. § 3108 — PA Code / Title 8 / Chapter 31 / Section 3108
Abatement of nuisances.
Status: in_force

(a) Initial order.--If the board finds a condition or premises to be a nuisance to the health of the people of the borough, it shall issue a written order of abatement directed to the owner or agent of the owner of the premises. The order shall:

(1) state that the conditions specified in the premises constitute the nuisance; and

(2) order an abatement of the nuisance within a specified reasonable time.

(b) Subsequent order.--

(1) 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.

(2) An order under paragraph (1) shall be executed by the health officer or an agent of the health officer.

(3) The expense of execution under paragraph (2) shall be recoverable as a municipal claim from the owner of the premises, with a 10% penalty.

(c) Legal action.--In lieu of or in addition to the procedure under subsections (a) and (b), council may seek relief from a nuisance or threatened nuisance by an action at law or in equity. Council may seek guidance of the board or the health officer in determining the nature of the relief requested.
8 Pa.C.S. § 2722 — PA Code / Title 8 / Chapter 27 / Section 2722
Composition of commission.
Status: in_force

(a) General.--Except as provided in subsection (b), a shade tree commission shall be composed of three residents of the borough who shall be appointed by the council and shall serve without compensation.

(b) Council option.--The council, by ordinance, may provide that a shade tree commission be composed of five members who shall be residents of the borough, shall be appointed by the council and shall serve without compensation.

(c) Three-member commission.--If a shade tree commission of three members is established by any borough, the council shall appoint one member for a term of three years, one for a term of four years and one for a term of five years. On the expiration of the term of any commissioner, a successor shall be appointed by the council to serve for a term of five years.

(d) Five-member commission.--If a shade tree commission of five members is established by any borough, the council shall appoint members to staggered terms so that one term expires every year. On the expiration of the term of any commissioner, a successor shall be appointed by the council to serve for a term of five years.

(e) Vacancies.--Vacancies in the office of commissioner shall be filled by the council for the unexpired term.
8 Pa.C.S. § 1069 — PA Code / Title 8 / Chapter 10 / Section 1069
Books to be kept by controller.
Status: in_force

The borough controller shall keep a regular set of books which shall be opened and keep as many accounts, under appropriate titles, as may be necessary to show separately and distinctly all the estates and property, real and personal, vested in the borough, all trusts in the care of the borough, all debts due and owing the borough, all receipts and expenditures of the various departments of the borough government and all appropriations made by council and the sums under the same, respectively.
8 Pa.C.S. § 2816 — PA Code / Title 8 / Chapter 28 / Section 2816
Purchase of plots for burial of deceased service members.
Status: in_force

(a) Authority.--A borough may purchase plots of ground in a cemetery or burial ground within its limits for the interment of deceased members of the armed forces who:

(1) die within the borough or have a legal residence within the borough at the time of death; and

(2) are entitled to be buried by the county under the provisions of existing law.

(b) Cost.--Plots purchased under this section shall be paid for out of the borough treasury.
8 Pa.C.S. § 3100 — PA Code / Title 8 / Chapter 31 / Section 3100
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:

"Board." A board of health established under section 3101(a) (relating to administration).

"Board secretary." The secretary of a board.

"Department." The Department of Health of the Commonwealth.

"Health officer." An individual appointed under section 3101(a) or 3103(b)(1)(iii) (relating to oaths, officers and security).

"Professional health care provider." An individual who is licensed, certified or registered to practice or operate in the health care field under the laws of this Commonwealth. The term includes:

(1) A physician.

(2) A dentist.

(3) A podiatrist.

(4) A chiropractor.

(5) An optometrist.

(6) A psychologist.

(7) A pharmacist.

(8) A registered or practical nurse.

(9) A physical therapist.

(10) A physician's assistant.

(11) A paramedic.

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

(13) A veterinarian.
8 Pa.C.S. § 2601 — PA Code / Title 8 / Chapter 26 / Section 2601
Powers.
Status: in_force

(a) Construction and repair.--Boroughs shall have the power to construct and repair wharves and docks and may acquire, by purchase or condemnation, real estate along navigable waters and within the borough limits as needed for the construction. Prior to any condemnation, a borough shall enact an ordinance authorizing the same.

(b) Additional powers.--Boroughs have the following additional powers:

(1) To regulate, fix and enforce the collection of the rate of wharfage for all public wharves and docks within its limits.

(2) To regulate the anchoring of vessels, boats or rafts within the borough limits.

(3) To regulate the depositing of freight on the public wharves.
8 Pa.C.S. § 2809 — PA Code / Title 8 / Chapter 28 / Section 2809
Removal of bodies to other cemeteries.
Status: in_force

(a) Authority.--

(1) This subsection applies to a privately owned cemetery, a borough-owned cemetery or a cemetery affiliated with a religious society or church or any other organization, when the cemetery:

(i) has ceased to be used for interments;

(ii) has become so neglected as to become a public nuisance;

(iii) hinders the improvement and progressive interests of the borough; or

(iv) is desired by the borough as a site for any public purpose.

(2) The court of common pleas may, upon compliance with subsection (b), direct the removal of the remains of the dead from a cemetery.

(b) Procedure.--

(1) A petition under this section must be made to the court by any of the following:

(i) The manager of the cemetery in charge of a religious society or church or an other organization. The following are required to utilize this subparagraph:

(A) Public notice of a meeting of the entity on the petition must be given two weeks before the meeting.

(B) At the meeting, a majority of the members of the entity must approve the petition.

(C) The petition must set forth that the cemetery has ceased to be used for interments.

(ii) If the cemetery is not under the charge of anyone, 50 residents of the borough. A petition under this subparagraph must set forth that the improvements and progressive interests of the borough are hampered and the welfare of the borough is injured by the presence of the cemetery.

(iii) The council. A petition under this subparagraph must set forth that:

(A) the cemetery has become so neglected as to become a public nuisance;

(B) the improvements and progressive interests of the borough are hampered and the welfare of the borough is injured by the presence of the cemetery; or

(C) the land is desired for a public purpose.

(2) Notice must be given by advertisement in a newspaper of general circulation once a week for three successive weeks.

(c) Private action.--A relative of the deceased individual subject to removal or another interested party of the dead may, prior to action under subsection (d), remove the remains at private expense.

(d) Public action.--

(1) The removal shall be made by:

(i) the manager of the cemetery; or

(ii) the borough if the cemetery is:

(A) not in the charge of a manager; or

(B) owned by the borough.

(2) The removal shall be made at the expense of the removing party in a careful manner.

(3) The removal shall be made:

(i) except as set forth in subparagraph (ii), to a cemetery selected by the person that makes the removal; or

(ii) upon request of a relative of the deceased individual subject to removal or another interested party, to a designated cemetery in the vicinity.

(4) Each body removed shall be placed in a separate casket and grave, and the marker over the remains of the body shall be placed as near as possible in the same relative position as before removal.

(e) Effect.--After the removal of all dead bodies from a cemetery, the land shall cease to be a cemetery or burial ground and may be acquired by the borough as other real estate is acquired for borough purposes.
8 Pa.C.S. § 1800 — PA Code / Title 8 / Chapter 18 / Section 1800
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:

"Sidewalk." The portion of a street located outside the cartway and may include paved footway, unpaved grasslot, curb and gutter.
8 Pa.C.S. § 1805 — PA Code / Title 8 / Chapter 18 / Section 1805
Borough may do work and collect cost.
Status: in_force

(a) General rule.--Upon the failure of any property owner to comply with any of the requirements in sections 1801 (relating to power to lay out, establish and compel the construction of sidewalks), 1802 (relating to sidewalks on land

abutting State highways and along roads outside borough), 1803 (relating to establishment of grades) and 1804 (relating to boroughs may pay all or part of cost of grading and curbing), the borough may, after notice, cause the grading, paving, repairing, curbing and guttering to be done at the cost of the owner. The borough may collect the cost of the work and an additional 10% of the cost, together with all charges and expenses, from the owner and may file a municipal claim for the amounts or collect the amounts by action in assumpsit.

(b) Notices.--

(1) All notices shall be served upon the owner of the premises to which the notice refers, if the owner is a resident of the borough. 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 30 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.
8 Pa.C.S. § 234 — PA Code / Title 8 / Chapter 2 / Section 234
Effect.
Status: in_force

(a) Property.--When the borough government is formed, the property and assets of the city shall become the property of the borough, and the change of government shall not do any of the following:

(1) Affect any of the following:

(i) Liabilities incurred.

(ii) Rights accrued or vested.

(iii) Obligations issued or contracted.

(iv) Suits or prosecutions pending or instituted to enforce any right or penalty accrued.

(2) Punish any offense committed prior to the formation.

(b) Ordinances.--Ordinances of the former city shall continue in force in the new borough until altered or repealed.

(c) Wards and districts.--Wards and election districts of the city shall become the wards and election districts of the borough until altered or changed. In the election of members of council from the several wards, two members of council shall be elected from each ward, unless changed as provided by law.

(d) Office.--All constables and election officers in office in the city at the time the borough government is organized shall remain in office until the expiration of their respective terms of office.
8 Pa.C.S. § 2009 — PA Code / Title 8 / Chapter 20 / Section 2009
Extensions beyond borough limits and eminent domain.
Status: in_force

The borough may extend the necessary sewer mains, pipes and outlets beyond the limits of the borough to a point where the sewage is to be disposed or collected and received. The borough shall have power to enter upon and condemn land for the construction of all sewer mains, outlets and treatment works as may be necessary for the disposal or the collection of the sewage if the extension is in conformity with 26 Pa.C.S. § 206 (relating to extraterritorial takings) and any other applicable requirement of 26 Pa.C.S. (relating to eminent domain).
8 Pa.C.S. § 1141 — PA Code / Title 8 / Chapter 11 / Section 1141
Borough manager created by ordinance and election.
Status: in_force

(a) General rule.--The council of a borough may, at its discretion at any time, create by ordinance the office of borough manager and may, in like manner, abolish the office. While the office exists, the council shall, from time to time, and if there is a vacancy, elect, by a vote of a majority of all the members, one individual, partnership, limited partnership, association or professional corporation as the borough manager.

(b) Subject to agreement.--The borough manager shall serve at the pleasure of council, subject to contractual rights that may arise under an employment agreement or professional services agreement that may be entered in accordance with section 1142 (relating to powers and duties). (Oct. 16, 2024, P.L.1018, No.110, eff. 60 days)
8 Pa.C.S. § 1070 — PA Code / Title 8 / Chapter 10 / Section 1070
Appeals from controller's report.
Status: in_force

Appeals 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 persons in the same manner within the same time subject to the same conditions and procedure and with like effect in every respect as provided in this part in the cases of appeals from the settlement and audit of the auditors as shown in their report.
8 Pa.C.S. § 1201.2 — PA Code / Title 8 / Chapter 12 / Section 1201.2
Personal property.
Status: in_force

(a) Sale.--Except as provided in subsection (b), no borough personal property may be disposed of, by sale or otherwise, except upon approval of council by resolution. In cases when council approves a sale of the property, council shall estimate the fair market value of the entire lot to be disposed of. If council 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 less than ten days prior to the date scheduled 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 best responsible bidder.

(a.1) Electronic auction sale.--A public auction of personal property may be conducted by means of an online or electronic auction sale. During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. Bidders may increase their bid prices during the electronic auction. The record of the electronic auction shall be accessible for public inspection. 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 council. In the event that shipping costs are incurred, they shall be paid by the highest bidder. A borough 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 council. The advertisement for electronic auction sales authorized in this paragraph shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction.

(a.2) Rejection of bids.--Council may reject any bids received if the bids are believed to be less than the fair market value of the property. If no bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for the purchase of goods and the sale of real and personal property where no bids are received," shall be followed.

(b) Exception for small value sales.--Council 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 council shall not be required for any individual sale that shall be made in conformity to the procedure.

(c) Exchange of personal property.--This section shall not be mandatory when borough personal property is to be traded in or exchanged for new or used personal property being acquired by the borough, except that the trade or exchange shall be by resolution. (Oct. 24, 2018, P.L.919, No.150, eff. 60 days) 2018 Amendment. Act 150 amended subsecs. (a) and (b).
8 Pa.C.S. § 2903 — PA Code / Title 8 / Chapter 29 / Section 2903
Licensing parking lots and parking garages operated for profit.
Status: in_force

(a) Authority.--

(1) A borough may, by ordinance, regulate the business of operating parking lots or parking garages for profit within the borough and may require the lots or garages to

reserve areas exclusively for parking by handicapped individuals. Under the ordinance:

(i) License or permit fees may be charged and collected from the operators of the parking lots or parking garages.

(ii) Security is subject to the following:

(A) Except as set forth in clause (B), the borough shall require from each operator of a parking lot or parking garage a bond to be approved by the council for the protection of the public from loss of or damage to vehicles parked, stored or placed under the jurisdiction of a parking lot or parking garage operator.

(B) Clause (A) shall not apply to parking lots or parking garages operated by a municipal authority or a parking authority.

(2) An ordinance under paragraph (1) must be consistent with 75 Pa.C.S. (relating to vehicles).

(b) Individuals with disabilities.--Nothing in this section may be construed to limit statutory and regulatory protections and prohibitions contained relating to the rights of disabled individuals.
8 Pa.C.S. § 2203 — PA Code / Title 8 / Chapter 22 / Section 2203
Manner of financing work.
Status: in_force

A borough may pay for the costs and expenses of any work authorized under section 2201 (relating to authority of boroughs) wholly or in part from money of the borough available for the purpose. To the extent that a borough does not receive assistance from the Federal, State or county government for the costs and expenses of the work, the borough may assess the benefited properties located within the drainage area of the watercourse in accordance with Chapter 21A (relating to assessments and charges for public improvements). Cross References. Section 2203 is referred to in section 2204 of this title.
8 Pa.C.S. § 3101 — PA Code / Title 8 / Chapter 31 / Section 3101
Administration.
Status: in_force

(a) Establishment.--The council may, by ordinance, appoint a board of health or a health officer to administer and enforce the health ordinances and related ordinances of the borough. A health officer must have experience or training in public health work and must, within six months of taking the oath of office, be certified for the office of health officer by the department.

(b) Expenses.--Expenses incurred by the board or a health officer shall be paid by the borough.

(c) Dissolution.--A borough may, by ordinance, dissolve a board and decide to become subject to the jurisdiction of a county department of health or joint county department of health under the act of August 24, 1951 (P.L.1304, No.315), known as the Local Health Administration Law. Cross References. Section 3101 is referred to in section 3100 of this title.
8 Pa.C.S. § 2424 — PA Code / Title 8 / Chapter 24 / Section 2424
Appeal from appraisement.
Status: in_force

(a) Filing of petition.--Within ten days after notice of the filing of any report in the court of common pleas, either party may appeal from the appraisement by filing a petition for a hearing before the court alleging an undervaluation or overvaluation of the property.

(b) Hearing.--The court shall fix a time when the appeal may be heard, giving at least ten days' notice to the parties, and, upon hearing, the court of common pleas shall have power to affirm or modify the report as the court deems just and proper.
8 Pa.C.S. § 1771 — PA Code / Title 8 / Chapter 17 / Section 1771
Improvement of streets outside or partly outside borough limits.
Status: in_force

(a) General rule.--

(1) Any borough may enter into a written agreement with an adjoining municipality for improving streets, including streets that are boundaries between the borough and the municipality, and may provide in the contract for the division of the damages, costs and expenses of the improvement.

(2) The borough may assess its share of the costs against the owner of property abutting upon the borough's side of the improvement in the manner provided in Chapter 21A (relating to assessments and charges for public improvements) or may agree to pay any part of the costs, damages and expenses of the improvements out of the general funds.

(3) The portion of the damages, costs and expenses agreed to be paid by the borough shall be ascertained as provided in the law governing eminent domain.

(b) Street dividing borough and township.--

(1) If the center line of any street constitutes the dividing line between a borough and a township located in the same county, any agreement to improve and maintain the street shall be made with the governing bodies of the township and, if necessary, the county.

(2) The improvement shall be constructed and subsequent repairs shall be made under the supervision of the borough and in compliance with plans to be agreed upon, in writing, by the parties.

(3) One-half of the cost of the repairs shall be borne by the borough. The borough may assess its share of costs against the owners of real property abutting on the borough's side of the improvement in the manner provided in Chapter 21A.

(c) Street dividing borough and any other municipality.--

(1) If any street, more than one-half the width or the entire width of which is within the limits of any borough, divides the borough from any other municipality, the street may be improved by the borough.

(2) The property abutting on the side of the street which is located outside the limits of the borough making

the improvements may, for a depth of 150 feet, plus one-half the width of the street, from its center line, be assessed for any and all municipal improvements to or on the street in accordance with Chapter 21A.

(d) Street outside limits of borough.--A borough may appropriate and expend money for the improvement of a street, not to exceed one mile in length, outside the limits of the borough for the purpose of connecting improved streets in the borough with State highways, interstate highways and county roads.
8 Pa.C.S. § 1761 — PA Code / Title 8 / Chapter 17 / Section 1761
Proceedings with or without petition.
Status: in_force

Boroughs may improve streets, portions of streets or a particular width or additional widths of streets, with or without the assistance or contribution of the Federal

Government, the Commonwealth, the county or a corporation occupying the thoroughfare, and may assess and collect the whole cost of improvement, the whole cost not aided or contributed or any part of the cost from the owners of real estate abutting on the improvement in accordance with Chapter 21A (relating to assessments and charges for public improvements).
8 Pa.C.S. § 2025 — PA Code / Title 8 / Chapter 20 / Section 2025
Appointment of viewers.
Status: in_force

If the court determines that the connection can be made without impairing the usefulness of the existing sanitary sewer, it shall appoint three viewers who shall:

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

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

(3) Fix the proportion of the expense for repairs which each municipality shall thereafter bear.

(4) Determine all other questions liable to arise in connection with the sanitary sewer. Cross References. Section 2025 is referred to in section 2023 of this title.
8 Pa.C.S. § 1712 — PA Code / Title 8 / Chapter 17 / Section 1712
Borough street plan.
Status: in_force

(a) Adoption of plan.--A borough that has not maintained an accurate plan of borough streets adopted in accordance with this part prior to July 16, 2012, may only adopt a plan of streets under the Pennsylvania Municipalities Planning Code, governing the adoption of an official map.

(b) Amendments to plan.--If a borough maintains a plan of streets adopted prior to July 16, 2012, or maintains an official map containing opened and unopened streets, a street laid out in accordance with this part by ordinance or by final approval of a subdivision or land development plan must be deemed an amendment to the plan. Notwithstanding any other provision of law, a deemed amendment as provided in this section and a subsequent placement of the street on a plan may not be subject to public notice or public hearing, if the street has been laid out in accordance with the requirements of this chapter.

(c) Prohibition.--The maintenance of a plan of streets or official map shall not be required in order for a borough to lay out streets in accordance with section 1721.2(b) (relating to laying out streets and procedure) or lay out and open a street in accordance with section 1724 (relating to effect of laying out street).
8 Pa.C.S. § 32A03 — PA Code / Title 8 / Chapter 32 / Section 32A03
Public nuisance.
Status: in_force

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

(b) Exception.--A violation of the Uniform Construction Code or any ordinance that equals or exceeds the Uniform Construction Code shall be subject to the Pennsylvania Construction Code and the regulations adopted under the Pennsylvania Construction Code relating to enforcement for noncompliance.
8 Pa.C.S. § 704 — PA Code / Title 8 / Chapter 7 / Section 704
Associations and organizations for mayors.
Status: in_force

(a) Authorization.--A mayor may join any mayors' association in Pennsylvania. Council shall pay reasonable dues not to exceed $100 if requested by the mayor. The mayor may attend the annual meeting of the mayors' association, which shall be held in this Commonwealth in accordance with the procedure adopted by the mayors' association.

(b) Expenses.--A mayor shall, if requested, receive the following expenses for attending the annual meeting under subsection (a):

(1) The registration fee.

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

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

(c) Itemized account.--Every mayor attending the annual meeting under subsection (a) shall submit to the council an itemized account of expenses incurred at the annual meeting of

the mayors' association. The time spent in attending the annual meeting may not be more than four days, including time traveling to and from the meeting. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days) 2024 Amendment. Act 2 amended subsecs. (a) and (b).
8 Pa.C.S. § 815 — PA Code / Title 8 / Chapter 8 / Section 815
Decrease in number of ward council members.
Status: in_force

(a) General rule.--If, in any borough divided into wards, the council consists of more than seven members, at least 5% of the registered electors of the borough shall have the power to petition council for a decrease in the number of members of council from each ward, except that the council may not consist of less than seven members. The purpose of the decrease may be to achieve any of the following results:

(1) A council which is less unwieldy in size.

(2) A council which is comparable in size to those in boroughs not divided into wards.

(3) A council consisting of an odd number of members instead of an even number.

(4) A reduction in borough expenditures.

(5) The expedition of the conduct of council meetings.

(b) Petitions.--A petition under subsection (a) shall clearly state whether the petitioners request that the number of members of the council to be elected in each ward shall be reduced from two to one, or from three to two or one, and the reasons why the reduction in number is desired. The petition may state whether it is necessary to add a council member or members to be elected at large in order to achieve or maintain a council consisting of at least seven members or to achieve

or maintain a council consisting of an odd number of members. The sufficiency of the number of signers to the petition shall be ascertained as of the date the petition is presented to council.

(c) Notice.--The council shall give notice of the filing of the petition by advertisement in the legal newspaper of the county, if one is published in the county, and in one newspaper of general circulation, and of a day and time for a public meeting. After the public meeting, council may, by ordinance, decrease the number of council members elected from each ward from two to one, or from three to two or one, and may also provide for the election at large of a member or members of council.

(d) Terms.--Council shall, if necessary, establish a schedule for the subsequent at-large election of council members. The schedule may provide that the initial term of one or more of the council members subsequently elected at large shall be reduced to accommodate a schedule of staggered at-large elections to eventually ensure that, as nearly as possible, one-half of the members of council elected at large will be elected at each municipal election. The following shall apply:

(1) At each municipal election in the borough, if there are two members from each ward, the electors of each ward shall elect one council member to hold office for a term of four years from the first Monday of January succeeding the election.

(2) At each municipal election in the borough, if there is one member from each ward, the electors from each of the odd-numbered wards shall, at the first municipal election, elect one council member for a term of four years, and the electors from each of the even-numbered wards shall elect one council member for a term of two years. At each succeeding municipal election, the electors of the even-numbered wards or odd-numbered wards shall each elect one council member for a term of four years to take the place of those whose terms are about to expire. The council members shall take office on the first Monday of January following their election.

(e) Reduction.--In a borough where, under this section, the number of council members shall be reduced, the council members then in office shall remain in office until the end of their respective terms.
8 Pa.C.S. § 1181 — PA Code / Title 8 / Chapter 11 / Section 1181
General provisions relating to examinations.
Status: in_force

(a) Rules and regulations.--

(1) The commission shall make rules and regulations, to be approved as provided in section 1176 (relating to rules and regulations), providing for the examination of applicants for positions in the police force and as paid fire apparatus operators and for promotions, which rules and regulations

shall prescribe the minimum qualifications of all applicants to be examined and the passing grades.

(2) All examinations for positions or promotions shall be practical in character and shall relate to matters and include inquiries as will fairly test the merit and fitness of the persons examined to discharge the duties of the employment sought by them.

(3) All examinations shall be open to all applicants who have the minimum qualifications required by the rules and regulations.

(4) Each applicant for an original position shall:

(i) Be subject to the regulations adopted by the commission.

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

(iii) If made a conditional offer of employment, be given a physical and psychological medical examination as provided in section 1189 (relating to physical and psychological medical examination).

(iv) Be subject to a background investigation. Background investigations may be restricted to those candidates on an eligibility list or those to be certified to council for appointment in accordance with section 1184 (relating to eligibility list and manner of filling appointments).

(a.1) Promotions.--

(1) An applicant for promotion shall be subject to the regulations adopted by the commission and to examination and selection in accordance with section 1188 (relating to promotions).

(2) A physical fitness or agility examination that is job related and consistent with business necessity and physical and psychological medical examinations may, but need not, be required for a promotion.

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

(c) Posting of eligibility list.--The commission shall post in its office the eligibility list containing the names and grades of those who have passed the examination.
8 Pa.C.S. § 1804 — PA Code / Title 8 / Chapter 18 / Section 1804
Boroughs may pay all or part of cost of grading and curbing.
Status: in_force

The borough may pay all or any part of the cost and expenses of grading and curbing any sidewalk. Cross References. Section 1804 is referred to in section 1805 of this title.
8 Pa.C.S. § 2720.3 — PA Code / Title 8 / Chapter 27 / Section 2720.3
Notice of work.
Status: in_force

If council 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 in one newspaper of general circulation once a week for two weeks immediately preceding the time of the meeting. The notice shall specify in detail the streets or portions upon which trees are proposed to be planted, transplanted or removed. In the event that a shade tree commission is to undertake the work, the commission shall provide the notice. Cross References. Section 2720.3 is referred to in section 2724.1 of this title.
8 Pa.C.S. § 32A02 — PA Code / Title 8 / Chapter 32 / Section 32A02
Changes in Uniform Construction Code.
Status: in_force

A borough may propose and enact an ordinance to equal or exceed the minimum requirements of the Uniform Construction Code in accordance with section 503 of the Pennsylvania Construction Code. Any ordinance exceeding the provisions of the Uniform Construction Code shall be required to meet the standards under section 503(j)(2) of the Pennsylvania Construction Code.
8 Pa.C.S. § 25B04 — PA Code / Title 8 / Chapter 25 / Section 25B04
Disposal.
Status: in_force

(a) General rule.--Council may dispose of, by contract or otherwise, municipal waste.

(b) Contract length.--A contract with the owner of a private facility for the disposal or incineration of municipal waste may be made for a period not to exceed 20 years.

(c) Exemption.--The limitation under subsection (b) shall not apply to a contract with a political subdivision or municipal authority.
8 Pa.C.S. § 1190 — PA Code / Title 8 / Chapter 11 / Section 1190
Removals.
Status: in_force

(a) General rule.--No person employed in any police or fire force of any borough may be suspended without pay, removed or reduced in rank except for the following reasons:

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

(2) Neglect or violation of any official duty.

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

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

(5) Intoxication while on duty.

(6) Engaging or participating in the conduct of a political or election campaign while on duty or in uniform or while using borough property otherwise than to exercise the person's own right of suffrage.

(7) Engaging or participating in the conduct of a political or election campaign for an incompatible office as provided in section 1104(f) (relating to appointments and incompatible offices).

(b) Restriction.--A person employed by a police or fire force shall not be removed for religious, racial or political reasons.

(c) Statement of charges.--A written statement of charges made against a person shall be furnished to the person within five days after the statement of charges is filed. The person shall have ten days from the date of receiving the notice to submit a written request for a hearing to the civil service commission under section 1191 (relating to hearings on dismissals and reductions).

(d) Furlough.--If, for reasons of economy or other reasons, it shall be deemed necessary by any borough to reduce the number of paid employees of the police or fire force, the borough shall furlough the person, including a probationer, last appointed to the respective force. The removal shall be accomplished by furloughing in numerical order commencing with the person last appointed until the reduction shall have been accomplished. In the event the police or fire force shall again be increased, the employees furloughed shall be reinstated in the order of their seniority in the service. This subsection as to reductions in force is not applicable to a chief of police.
8 Pa.C.S. § 21A08 — PA Code / Title 8 / Chapter 21 / Section 21A08
Collection of assessments.
Status: in_force

(a) Collection methods.--If an assessment remains unpaid at the expiration of the 30-day personal notice and an installment agreement has not been entered into pursuant to section 21A06 (relating to petition for viewers), the borough solicitor shall collect the unpaid assessment, with interest from the time of completion of the improvement or from the time of filing a certificate of assessment with council, plus costs, by filing a lien to be collected in the same manner as municipal claims or by action in assumpsit. When a property owner has two or more lots against which there is an assessment for the same improvement, all of the lots may be embraced in one claim.

(b) Payment location.--Assessments, whether paid one time or by installments, shall be payable at the office of the borough treasurer or any other place as the applicable ordinance shall provide.
8 Pa.C.S. § 3107 — PA Code / Title 8 / Chapter 31 / Section 3107
Entry upon premises.
Status: in_force

(a) Authority.--

(1) This subsection applies to all of the following:

(i) A member of a board.

(ii) A health officer.

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

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

(2) An individual subject to paragraph (1) may, upon order of the board:

(i) enter premises in the borough where an infectious or contagious disease or a nuisance detrimental to the public health is suspected; and

(ii) examine and abate the disease or nuisance.

(b) Warrant.--If entry under subsection (a)(2)(i) is prevented, the board of health or health officer may obtain an administrative search warrant from a magisterial district judge with jurisdiction over the premises upon a showing of any of the following:

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

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

(3) Probable cause of a violation of a law specified in section 3106(b) (relating to powers and duties of board). Cross References. Section 3107 is referred to in sections 32A04, 32A05 of this title.
8 Pa.C.S. § 29A01 — PA Code / Title 8 / Chapter 29 / Section 29A01
Eminent domain for National Guard purposes.
Status: in_force

(a) Authority.--Except as set forth in subsection (b), the council may take, by right of eminent domain, for the purpose of appropriating to the borough for the use of the Pennsylvania National Guard, public lands, easements and property as may be in its possession or control and used or held by the borough for any other purpose.

(b) Exception.--Eminent domain may not be exercised as to a street or wharf.
8 Pa.C.S. § 2708 — PA Code / Title 8 / Chapter 27 / Section 2708
Recreation board or other authority.
Status: in_force

(a) Recreation board or other authority.--The authority to supervise and maintain recreation places may be vested in any existing body or board, including the council, or in a recreation board, as the council shall determine. The council of the borough may equip, operate and maintain the recreation places, as authorized by this chapter, and may, for the purpose

of carrying out the provisions of this chapter, employ any officers or employees as it may deem proper.

(b) (Reserved).

(c) Joint recreation board.--Any borough may join or create, with one or more municipalities, a joint recreation board in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). The composition of the board and its powers and duties shall be as provided by agreement of the governing bodies of the municipalities. Special Provisions in Appendix. See section 4(3)(xvi) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 3324 — PA Code / Title 8 / Chapter 33 / Section 3324
Payment of costs by borough.
Status: in_force

If a prisoner is committed to a county correctional facility under section 3322(2) (relating to commitment pending trial) or 3323(2) (relating to commitment after trial), the expenses of maintaining the prisoner during confinement shall be paid by the borough, and the county shall not be liable for the maintenance.
8 Pa.C.S. § 1701 — PA Code / Title 8 / Chapter 17 / Section 1701
Definitions.
Status: in_force

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

"Improving a street." The term includes work upon a street or portion thereof done or proposed to be done in order to open the street if the street has not previously been opened or, if previously opened, to make the street more usable or more suitable for use by the traveling public or safer for use. The term includes, but is not limited to, grading, paving, curbing and macadamizing.

"Laying out." The term includes the plotting of:

(1) An unopened street or portion of the street on a borough plan or official map adopted in accordance with the Pennsylvania Municipalities Planning Code on a subdivision or land development plan or by the enactment of an ordinance adopted in accordance with this chapter.

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

"Opened streets." The term includes the streets within the borough used as public passageways.

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

"Person." The term includes a natural person, association, firm, corporation or political subdivision.

"Personal notice." The term includes notice upon the owner of a premises either by personal service upon the owner or by certified mail to the owner at the owner's last known address. Where service has not been successfully made by either of the two methods first mentioned, it may be made by leaving the notice at or upon the premises.

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

"Street." The term includes a street, road, lane, court, cul-de-sac, alley, public way and public square, either for or intended for public use, and includes the cartway, sidewalk, gutter and the right-of-way area, whether or not the street or a part of the street is owned in fee by others than the borough. Streets are of two classes, opened and unopened.

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

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

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

(3) a subdivision or land development plan; or

(4) an individual deed. Cross References. Section 1701 is referred to in section 21A01 of this title.
8 Pa.C.S. § 2700 — PA Code / Title 8 / Chapter 27 / Section 2700
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:

"Recreation places." Public parks, parkways and playgrounds, playfields, swimming pools, public baths, bathing places, indoor recreation centers and gymnasiums.
8 Pa.C.S. § 1315 — PA Code / Title 8 / Chapter 13 / Section 1315
Capital improvements to certain public service facilities.
Status: in_force

(a) Authority.--For the purpose of financing the cost and expense or its share of the cost and expense of capital improvements, including the purchase and installation of machinery and equipment, by altering, improving or enlarging any of the following, a borough owning the plant or facility may issue nondebt revenue bonds as provided in section 1202(46) (relating to specific powers):

(1) its sewer, sewer system or sewage treatment works, either singly or jointly with other municipalities;

(2) its water works, either singly or jointly with other municipalities;

(3) its electric power plant or power distribution system; or

(4) its gas plant, gas distribution system for its own municipal purposes, municipal gas distribution system or municipal gas works.

(b) Rates.--A borough issuing nondebt revenue bonds under the authority of this section shall adjust and, when necessary, increase the rates of rentals or charges pledged as security for the bonds in order to provide sufficient revenue. The revenue must be set aside as reserve funds to cover depreciation of the properties involved and for future improvements to the plant or facility involved as well as for the payment of the interest on the bonds and the principal at the time of maturity. Special Provisions in Appendix. See section 4(3)(xii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 1041 — PA Code / Title 8 / Chapter 10 / Section 1041
Auditors to meet yearly and audit accounts.
Status: in_force

(a) First meeting.--The auditors of the borough shall meet on the first Tuesday of January of each year and shall organize

by the election of a chair and a secretary. If the first Tuesday is a legal holiday, the meeting and organization shall take place the following day. Two auditors shall constitute a quorum.

(b) Audits.--The auditors:

(1) Shall audit, adjust and settle the accounts of the tax collectors, the magisterial district judge and all officers of the borough.

(2) May audit, adjust and settle the accounts of any person, corporation, association, organization, committee or commission receiving or expending borough funds.

(3) Audit and report to the council, upon the accounts of every officer of the borough, upon the death, resignation, removal or expiration of the term of the officer. Unless otherwise agreed to by the auditors and the person being audited, the audit shall be conducted at the place the records of the person are normally kept.

(b.1) Cancellation.--All orders, vouchers and certificates of indebtedness which have been paid shall, on their presentation to the auditors, be canceled by writing or stamping the word "audited" on the face of the documents.

(c) (Reserved).

(d) (Reserved).

(e) (Reserved).

(f) (Reserved).

(g) (Reserved).
8 Pa.C.S. § 2406 — PA Code / Title 8 / Chapter 24 / Section 2406
Contracts to supply water for municipal purposes.
Status: in_force

Boroughs may receive bids from water companies and municipal authorities authorized to do business within the borough and from other municipalities operating a water system for the supply of water for fire protection and for other municipal purposes. The borough may contract for the supply of water with the water company.
8 Pa.C.S. § 2012 — PA Code / Title 8 / Chapter 20 / Section 2012
Unlawful to build within right-of-way of sanitary sewers.
Status: in_force

It shall be unlawful for any person to erect any building or make any improvement within the right-of-way of any sanitary sewer after due notice of the laying out of the sanitary sewer, and, if any erection or improvement shall be made, no allowance shall be had for the building or improvement in the assessment of damages.
8 Pa.C.S. § 1201.3 — PA Code / Title 8 / Chapter 12 / Section 1201.3
Exceptions.
Status: in_force

(a) Sale of property.--Nothing under this chapter requiring advertising for bids or sale at public auction and sale to the

highest bidder shall apply if borough real or personal property is to be sold to any of the following:

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

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

(3) An authority as defined in 53 Pa.C.S. § 5602 (relating to definitions).

(4) A nonprofit corporation engaged in community development or reuse only upon entering into a written agreement with the nonprofit corporation that requires the property to be used for industrial, commercial or affordable housing purposes. This exemption shall not apply to property on which existing governmental functions are conducted. This exemption shall also not apply to property owned and operated by the borough or subcontracted or operated on behalf of the borough in order to conduct existing government functions.

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

(6) A nonprofit corporation organized as a public library for its exclusive use as a library.

(7) A nonprofit medical service corporation as authorized under section 1202(50) (relating to specific powers).

(8) A nonprofit housing corporation as authorized by section 1202(51).

(9) The Federal Government or the Commonwealth.

(10) A nonprofit museum or historical society for its exclusive use as a nonprofit museum or historical society.

(b) Sales to certain nonprofit corporations.--When real property is to be sold to a nonprofit corporation organized as a public library for its exclusive use as a library or to a nonprofit medical service corporation or to a nonprofit housing corporation, council may elect to accept nominal consideration for the sale as it shall deem appropriate.

(c) Reversion.--Real property sold under this section to a volunteer fire company, volunteer ambulance service or volunteer rescue squad, nonprofit medical service corporation or nonprofit housing corporation shall be subject to the condition that, when the property is not used for the purposes of the company, service, squad or corporation, the property shall revert to the borough. Cross References. Section 1201.3 is referred to in section 1201.1 of this title.
8 Pa.C.S. § 1410 — PA Code / Title 8 / Chapter 14 / Section 1410
Acceptance by contractor of Workers' Compensation Act.
Status: in_force

(a) Contract provision.--A contract executed by a borough or an officer of a borough, which involves the construction or doing of work involving the employment of labor, must contain a provision that the contractor shall accept, insofar 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 the supplements and amendments to the Workers' Compensation Act, and that the contractor will insure his liability under the act and will file with the borough with which the contract is made a certificate of insurance providing evidence of the coverage or file with the borough 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 certificate of exemption from insurance may be issued on the basis of either individual self-insurance or group self-insurance. Additionally, a contractor shall file with the borough 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 null and void.
8 Pa.C.S. § 25A03 — PA Code / Title 8 / Chapter 25 / Section 25A03
Joint airports.
Status: in_force

In accordance with the powers in this chapter, a borough may, jointly with another municipality, acquire land for aviation purposes and may jointly operate and maintain the airport on the terms and conditions as agreed upon by the governing bodies of the borough and other municipality.
8 Pa.C.S. § 602 — PA Code / Title 8 / Chapter 6 / Section 602
Petition of electors.
Status: in_force

(a) Council.--At least 5% of registered electors of the borough or, for a proposal affecting only a portion of the borough, at least 5% of the registered electors of the ward which would be affected by the proposal may petition council to initiate proceedings under section 601 (relating to creation and alteration) and may present to council a plot showing the boundaries of the proposed wards of the borough. Council shall, by motion approved by a majority of council and within 90 days of presentment of the petition, determine whether to initiate proceedings under section 601.

(b) Court of common pleas.--If council has not approved a motion within 90 days after the presentment of a petition under subsection (a), ten registered electors may petition the court of common pleas and contest the existing apportionment as violating section 601(b) or (d). The proceedings before the court shall be conducted in accordance with 53 Pa.C.S. §§ 906 (relating to contest of reapportionment by governing body) and 907 (relating to costs and expenses of contest).
8 Pa.C.S. § 2423 — PA Code / Title 8 / Chapter 24 / Section 2423
Powers of appraisers.
Status: in_force

(a) Powers.--The appraisers shall have the following powers:

(1) To access the books and records of the person, firm or corporation owning the water system to inform themselves as to the income and value of the water system.

(2) To administer oaths and to take the testimony of witnesses.

(b) Report.--The report of the appraisers shall be final unless the report is appealed.
8 Pa.C.S. § 2753 — PA Code / Title 8 / Chapter 27 / Section 2753
Ordinance of acquisition.
Status: in_force

If the council deems it expedient to acquire land for the purposes of a municipal forest, it shall enact an ordinance setting forth the facts and conditions relating to the proposed action.
8 Pa.C.S. § 2043 — PA Code / Title 8 / Chapter 20 / Section 2043
Community sewage collection or disposal systems.
Status: in_force

(a) General rule.--After a community sewage collection or disposal system has been acquired under this subchapter by the borough, the council shall have the power to enlarge the system if it deems it advisable. The cost and expenses of the enlargement may be distributed or assessed in the same manner as if the enlargement was a regular sewer constructed by the borough under other provisions of this part.

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

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

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

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

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

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

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

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

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

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

(c) Construction.--Nothing in this section may be construed to supersede the requirements of the act of January 24, 1966 (1965 P.L.1535, No.537), known as the Pennsylvania Sewage Facilities Act.
8 Pa.C.S. § 2905 — PA Code / Title 8 / Chapter 29 / Section 2905
Equality of residents and nonresidents.
Status: in_force

A borough may not enact an ordinance imposing a license fee upon a manufacturer, including an agent and employee, that is a resident of this Commonwealth and solicits orders for or sells personal property manufactured in this Commonwealth if the borough could not legally impose the same license fee upon a manufacturer, including an agent and employee, that is a nonresident of this Commonwealth and solicits orders for or sells personal property manufactured outside this Commonwealth.
8 Pa.C.S. § 25B02 — PA Code / Title 8 / Chapter 25 / Section 25B02
Accumulation of municipal waste.
Status: in_force

Council, in the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, may prohibit accumulations of municipal waste upon public and private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal of municipal waste.
8 Pa.C.S. § 1751 — PA Code / Title 8 / Chapter 17 / Section 1751
Authority to straighten and relocate streets and procedure.
Status: in_force

Council may, by ordinance, provide for straightening or relocating any street previously opened which involves the opening of a portion of the straightened or relocated street over land not previously a portion of the street or the vacation of a portion of the previously opened street no longer to be used for street purposes. The straightening or relocation shall be considered as an opening or vacation and shall be effected in the same manner and by the same procedure as provided in section 1731 (relating to authority to open and vacate streets and procedure) but may be considered as a single proceeding to be effected by enactment of a single ordinance.
8 Pa.C.S. § 1501 — PA Code / Title 8 / Chapter 15 / Section 1501
Exercise of eminent domain.
Status: in_force

A borough may enter upon, appropriate, injure or destroy private lands, property or material, or lands previously granted or dedicated to public use that are no longer used for the purpose for which the lands were granted, according to the proceedings set forth in 26 Pa.C.S. (relating to eminent domain), for any of the following purposes:

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

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

(3) The construction of slopes, embankments and sewers.

(4) The erection and extension of water systems, wharves and docks, public buildings, public auditoriums, memorials, monuments, public works, filtration plants, sewerage systems, sewage treatment works, refuse disposal or incineration plants, sanitary landfills, gas plants, electric plants and libraries.

(5) The establishing of parks, playgrounds and recreation places and the changing of watercourses.

(6) For all other purposes authorized by this part.
8 Pa.C.S. § 702 — PA Code / Title 8 / Chapter 7 / Section 702
County and regional associations of boroughs.
Status: in_force

(a) Organization.--The boroughs of any county or of two or more adjoining or nearby counties may organize a county or regional association of boroughs, composed of elected and appointed borough officers in the county, organized for the purpose of furthering the interests of the boroughs in the county or regional association of boroughs and their inhabitants.

(b) Appropriation.--A borough may annually appropriate no more than $100 for the support of the county or regional association of boroughs.

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

(1) The borough may pay the following expenses of each delegate for attendance at a meeting of the county or regional association of which the borough is a member:

(i) The registration fee.

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

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

(2) Every delegate attending the meeting shall submit to the council an itemized account of expenses incurred.

(d) Compensation.--The council may authorize borough employees to be compensated at their regular employee rate during their attendance at a meeting of the county or regional association. The council solely 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 while attending the meeting if sufficient documentation is presented to the council to justify the reimbursement.

(e) Other members.--A county or regional association of boroughs may admit representatives of political subdivisions other than boroughs within the county as members. Members admitted under this subsection may not participate in any matter of concern solely to boroughs.
8 Pa.C.S. § 1059.4 — PA Code / Title 8 / Chapter 10 / Section 1059.4
Appeals from audit.
Status: in_force

It shall be lawful for the borough, or any taxpayer of the borough on its behalf, or any person whose account is settled or audited, to appeal from the settlement or audit, as shown in the auditors report, to the court of common pleas of the county no later than 40 days from the date of the filing of the auditor's report with the clerk of common pleas.

Cross References. Section 1059.4 is referred to in sections 1059.1, 1059.8 of this title.
8 Pa.C.S. § 25A02 — PA Code / Title 8 / Chapter 25 / Section 25A02
Authority to establish and lease airports.
Status: in_force

A borough acquiring land under the provisions of this chapter is authorized and empowered to establish, equip, condition, operate and maintain the land as a municipal airport and may lease the land, or any part, to any individual or corporation desiring to use the same for aviation purposes. A borough may enter into a contract, in the form of a lease, providing for the use of the land, or any part, by the Federal Government for its use of the land for aviation purposes upon nominal rental or without consideration.
8 Pa.C.S. § 215 — PA Code / Title 8 / Chapter 2 / Section 215
Judicial adjustment award proceedings.
Status: in_force

(a) Notice.--The commissioners shall give the township and the borough at least five days' notice of the filing of the report under section 214(c) (relating to judicial adjustment).

(b) Exceptions.--Unless exceptions are filed to the report within 30 days after the date of the filing, the report shall be confirmed by the court.

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

(1) Any sum awarded by the report to the township or borough shall be a legal and valid claim in its favor against the borough or township charged with the sum.

(2) Any real or personal property given to the township or borough shall become its respective property.

(3) Any claim or indebtedness charged against the borough or township may be collected from the borough or the township.
8 Pa.C.S. § 2756 — PA Code / Title 8 / Chapter 27 / Section 2756
Appropriations and revenue.
Status: in_force

Money necessary for the administration, maintenance, protection and development of forests shall be appropriated and applied as is now done for borough purposes. The revenue and return on the revenue arising from the forests shall be paid into the borough treasury to be used for general borough purposes.
8 Pa.C.S. § 1125 — PA Code / Title 8 / Chapter 11 / Section 1125
Compensation.
Status: in_force

Borough police and special police appointed by the mayor shall receive compensation as fixed by the council.
8 Pa.C.S. § 1405 — PA Code / Title 8 / Chapter 14 / Section 1405
Separate bids for plumbing, heating, ventilating and electrical work.
Status: in_force

If, in the preparation for the erection, construction and alteration of a public building, the entire cost of the work exceeds the amount specified or adjusted under section 1402(a) (relating to regulation of contracts), the architect, engineer or other person preparing the specifications may, if requested by the council, prepare separate specifications for the plumbing, heating, ventilating and electrical work. The person authorized to enter into contracts for the erection, construction or alteration of the public buildings may, if the separate specifications have been proposed, receive separate bids upon each of the branches of work and shall award the contract to the lowest responsible bidder for each of the branches.
8 Pa.C.S. § 21A06 — PA Code / Title 8 / Chapter 21 / Section 21A06
Petition for viewers.
Status: in_force

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

(b) Viewers.--The court shall appoint three disinterested viewers, none of whom shall be a resident of that portion of the borough that is benefited or accommodated by the public improvement in question, and the viewers shall proceed under this part and 26 Pa.C.S. (relating to eminent domain) for the assessment of damages and benefits by viewers. Upon the filing of the petition by taxpayers for the appointment of viewers, any assessment made by the council and any proceedings shall be stayed pending the disposition of the petition by the court. Special Provisions in Appendix. See section 4(3)(xiii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 21A06 is referred to in section 21A08 of this title.
8 Pa.C.S. § 1313.1 — PA Code / Title 8 / Chapter 13 / Section 1313.1
Creation of special funds and investments.
Status: in_force

Council may set aside in a separate fund any money received out of or from the sale, lease or other disposition of any borough property or received from any source unless the money was received or acquired for a particular purpose. The fund must be controlled, invested and administered, and the income arising from the fund expended, in the manner as may be determined by action of the council under the ordinance creating the fund. The ordinance may provide that only the income from the fund may be used or expended and that neither principal nor any part of the principal may be used or expended unless upon authorization of a majority vote of the qualified electors of the borough. The ordinances previously enacted by a borough creating and establishing a separate fund as authorized by this section must be deemed and taken as valid and effectual for all purposes if the other requirements of law concerning the enactment of the separate fund have been complied with.
8 Pa.C.S. § 1731 — PA Code / Title 8 / Chapter 17 / Section 1731
Authority to open and vacate streets and procedure.
Status: in_force

(a) Authority of council.--By ordinance, council has the authority to:

(1) Open a street or portion of a street previously laid out or simultaneously to lay out and open a street or portion thereof. A street or portion of a street so opened is a public street of the borough.

(2) Vacate or close a street or portion of a street previously opened or laid out provided that no street or portion of a street providing the sole means of access to a tract of land is vacated without the consent of those to whom access would be denied. Vacation of a street terminates the public right in or to the street but does not affect a private right acquired by an owner of abutting property.

(b) Notice.--The proposed ordinance opening or vacating a street or portion of a street must be advertised in a newspaper of general circulation once a week for two successive weeks. On or before the publication of the first advertisement, personal notice must be provided to the owners of a property abutting the street proposed to be opened or vacated. The proposed ordinance must have appended to it or reference a map or survey sufficient to apprise the public of the proposed location, profile and dimensions of the street and must list the names of the owners of a property abutting the street.

(c) Hearing.--Within ten days after the second publication of the notice required under subsection (b), an interested party may petition council for a hearing, which council shall hold within 60 days after the date of the petition. Council shall give at least 15 days' notice of the hearing in a newspaper of general circulation and by personal notice to persons entitled to notice under subsection (b). Council may enact the ordinance no later than 30 days following the date of the hearing or, where no timely petition has been filed, within 30 days of the second publication of the notice required under subsection (b). Within 30 days of the enactment of the ordinance, any party aggrieved by council's action may appeal to the court of common pleas. Cross References. Section 1731 is referred to in sections 1732, 1733, 1734, 1751 of this title.
8 Pa.C.S. § 504 — PA Code / Title 8 / Chapter 5 / Section 504
Exceptions and procedure (Repealed).
Status: repealed

2022 Repeal. Section 504 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
8 Pa.C.S. § 1303 — PA Code / Title 8 / Chapter 13 / Section 1303
Special levy to pay debts.
Status: in_force

In addition to the levies provided for in section 1302.1 (relating to different and separate tax levies), if the council refuses or neglects to levy a sufficient tax to pay the debts due by the borough, a court may, after ascertaining the amount of the indebtedness of the borough, direct a writ of mandamus to the proper officers of the borough to collect by special taxation an amount sufficient to pay the indebtedness in one or more annual installments, as determined reasonable by the court.
8 Pa.C.S. § 10A02 — PA Code / Title 8 / Chapter 10 / Section 10A02
Incompatible offices.
Status: in_force

No member of Congress or any person holding any office or appointment of profit or trust under the Federal Government or any person holding the office of magisterial district judge may at the same time be capable of holding the office of mayor.
8 Pa.C.S. § 904.1 — PA Code / Title 8 / Chapter 9 / Section 904.1
Removal of elected official and appointee.
Status: in_force

(a) Rule.--A borough officer who is elected or appointed to fill a vacancy in elective office may be removed from office as follows:

(1) By impeachment.

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

(3) On conviction of misbehavior in office or of an infamous crime.

(b) Title.--The title to office of a borough officer under subsection (a) may be tried by quo warranto. Special Provisions in Appendix. See section 4(3)(vii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 1002 — PA Code / Title 8 / Chapter 10 / Section 1002
Oath of members of council.
Status: in_force

Before entering upon the duties of their offices, the members of council shall take and subscribe an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). The oath or affirmation may be taken before any judge or magisterial district judge of the county, a notary public or the mayor of the borough when the individual has qualified, and the oath or affirmation shall be filed with the borough secretary and preserved among the records of the borough for a period of six years.
8 Pa.C.S. § 1313 — PA Code / Title 8 / Chapter 13 / Section 1313
Payment from borough funds.
Status: in_force

The payments made by the council from the borough funds must be made by proper borough orders, drawn upon the treasurer. No borough order may be authorized by council or signed by the president or secretary of a council unless there are sufficient funds in the treasury of the borough to pay the order, and no orders may be made payable at any time in the future or draw interest. A separate borough order must be drawn for each account or payment.
8 Pa.C.S. § 1308 — PA Code / Title 8 / Chapter 13 / Section 1308
Notice of proposed budget and penalty.
Status: in_force

(a) Notice.--Notice that the proposed budget is available for inspection shall be published by the borough secretary in a newspaper of general circulation, except in boroughs in which the estimated budget receipts are less than $50,000 in 2012, where, in lieu of the newspaper publications, notice may be conspicuously posted during the ten-day period in a place readily viewable by the public at the office of the borough secretary and with further notice as shall be prescribed by council.

(b) Failure.--Any borough secretary who fails or refuses to give the notice that the proposed budget is available for inspection, as required, shall, upon conviction in a summary proceeding, be sentenced to pay a fine not exceeding $100 and costs of prosecution.
8 Pa.C.S. § 2402 — PA Code / Title 8 / Chapter 24 / Section 2402
Contracts not to abridge powers.
Status: in_force

A borough's power to construct and operate a water system as provided in section 2401 (relating to power to supply water and make regulations) shall not be abridged by the borough entering into a contract with a person or corporation for the supply of water, but the power shall remain in force as though the contract had not been made.
8 Pa.C.S. § 1059.9 — PA Code / Title 8 / Chapter 10 / Section 1059.9
Balances due to be entered as judgments.
Status: in_force

A balance in a report of the auditors against an officer of the borough shall constitute a surcharge against the officer as fully as if expressly stated in the report to be a surcharge. The amount of a balance and of any express surcharge shall, if no appeal is taken or after an appeal has been finally determined in favor of the borough, be entered by the prothonotary as a judgment against the officer. The clerk of the court of common pleas shall certify the amount of every balance or surcharge contained in a report from which no appeal has been taken within the time provided under this chapter to the court of common pleas for entry by the prothonotary as a judgment. Any taxpayer of the borough may enforce the collection of the balance or surcharge for the benefit of the borough, by action or execution, upon filing in the court of common pleas a bond, in the sum of $1,000 with one or more sureties, conditioned to indemnify the borough from all costs of the proceedings undertaken by the taxpayer, subject to all rights of appeal from the report of auditors granted by this part. If a person has been or shall be surcharged for an illegal purchase and no fraud or collusion is shown and the surcharge is paid to the borough, the article purchased shall become the property of the person surcharged.
8 Pa.C.S. § 3111 — PA Code / Title 8 / Chapter 31 / Section 3111
Department.
Status: in_force

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

(b) Expenses.--

(1) Expenses of the department for which the borough is liable shall be paid by the borough where the expenses have been incurred.

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

(3) Upon payment, the department shall return the money to the State Treasurer, who shall credit the amount to the appropriation made to the department.
8 Pa.C.S. § 3110 — PA Code / Title 8 / Chapter 31 / Section 3110
Cooperation.
Status: in_force

A borough may cooperate in the administration and enforcement of health laws with:

(1) the department;

(2) a county in which the borough is located; and

(3) a municipal corporation.
8 Pa.C.S. § 214 — PA Code / Title 8 / Chapter 2 / Section 214
Judicial adjustment.
Status: in_force

(a) Petition.--If the governing bodies of the township and the borough cannot make an amicable adjustment and apportionment of the property and indebtedness within six months after the government of the newly incorporated borough is established, the supervisors or commissioners of the township or the council of the borough may present a petition to the court of common pleas requesting a judicial adjustment.

(b) Appointment.--After receiving a petition under subsection (a), the court shall appoint three disinterested commissioners who meet all of the following requirements:

(1) Are residents and taxpayers of the county.

(2) Are not residents of or own real estate in the township or borough.

(c) Report.--The individuals appointed under subsection (b) shall hold a hearing and make a report to the court containing an adjustment and apportionment of all the property and the indebtedness between the township and the borough. Notice shall be made to the township and borough as provided by the court. The report shall state the amount due and payable from the borough or the township to the other entity and the amount of indebtedness that shall be assumed by the borough or the township. (June 5, 2020, P.L.211, No.28, eff. 60 days) 2020 Amendment. Act 28 amended subsec. (a). Cross References. Section 214 is referred to in sections 215, 216, 217 of this title.
8 Pa.C.S. § 1123 — PA Code / Title 8 / Chapter 11 / Section 1123
Police badge.
Status: in_force

Borough police officers shall wear a shield or badge with the word "Police" when on duty.
8 Pa.C.S. § 1306 — PA Code / Title 8 / Chapter 13 / Section 1306
Additions and revisions to duplicates.
Status: in_force

(a) Inspection and reassessment.--If in any borough there is any construction of a building or buildings not otherwise exempt as a dwelling after the council has prepared a duplicate of the assessment of borough taxes and the building is not included in the tax duplicate of the borough, the county assessment office shall, upon the request of the council, direct the assessor in the county assessment office to inspect and reassess, subject to the right of appeal and adjustment provided by statute, all taxable property in the borough to which major improvements have been made after the original duplicates were prepared and to give notice of the reassessments within ten days to the authority responsible for assessments, the borough and the property owner. The real property shall then be added to the duplicate and shall be taxable for borough purposes at the reassessed valuation for that proportionate part of the fiscal year of the borough remaining after the real property was improved. Any improvement made during the month shall be computed as having been made on the first of the month.

(b) Copy of additions or revisions.--A certified copy of the additions or revisions to the duplicate shall be furnished by the council to the borough tax collector, together with their warrant for collection of the taxes, and, within ten days, the borough tax collector shall notify the owner of the real property of the taxes due to the borough.
8 Pa.C.S. § 109 — PA Code / Title 8 / Chapter 1 / Section 109
Publication of notices.
Status: in_force

(a) Newspaper of general circulation.--If, in this part, notice is required to be given in one newspaper of general circulation, the notice shall be published in one of the following:

(1) A newspaper of general circulation as defined in 45 Pa.C.S. § 101 (relating to definitions) which is published and circulated in each borough affected.

(2) A newspaper of general circulation, circulated in each borough affected, which has a bona fide paid circulation equal to or greater than any newspaper published in each borough affected by the notice.

(b) Legal newspaper.--Unless dispensed with by special order of court, the notice required to be published in a newspaper of general circulation shall also be published in the legal newspaper for the county of the borough affected, if the notice refers to any of the following:

(1) Any proceeding in any court.

(2) The holding of elections for the increase of indebtedness or the sale of bonds. Cross References. Section 109 is referred to in section 202 of this title.
8 Pa.C.S. § 10A03 — PA Code / Title 8 / Chapter 10 / Section 10A03
Oath of mayor.
Status: in_force

The mayor, before exercising the duties of office, shall take and subscribe an oath or affirmation of office under 53 Pa.C.S. § 1141 (relating to form of oaths of office). The oath or affirmation may be taken before a judge or magisterial district judge of the county or a notary public and shall be filed with the borough secretary and be preserved among the records of the borough for a period of six years.
8 Pa.C.S. § 202.1 — PA Code / Title 8 / Chapter 2 / Section 202.1
Borough advisory committee.
Status: in_force

(a) Establishment.--The court shall establish a borough advisory committee when a petition is received by the court for the creation of a borough. The following shall apply to committee members:

(1) Members shall be appointed by and shall serve at the pleasure of the court.

(2) The committee shall consist of the following:

(i) Two residents of the proposed borough.

(ii) Two residents from each of the existing townships recommended by the respective governing body of the township who are not residing within the proposed borough.

(iii) One resident of the county not residing in any area under subparagraphs (i) and (ii) who shall serve as the chair of the committee.

(3) Members shall serve without salary. The court may entitle each member to reimbursement for the member's actual and necessary expenses incurred in the performance of the member's official duties.

(4) Members may consult with the director of the county planning commission who may advise the committee.

(b) Duties.--The committee shall, within 60 days of its creation, advise the court in relation to the establishment of the proposed borough. The committee shall render expert advice and findings of fact relating to the desirability of an incorporation, including advice as to:

(1) The proposed borough's ability to obtain or provide adequate and reasonable community support services such as police protection, fire protection and other appropriate community facility services.

(2) Whether the proposed borough constitutes a harmonious whole with common interests and needs that can best be served by a borough government. In examining this factor, the committee shall consider whether the proposed borough represents a distinct community with features different from those of the existing township.

(3) The existing and potential commercial, residential and industrial development of the proposed borough.

(4) Whether the proposed borough would provide for land use regulations to meet the legitimate needs for all categories of residents or whether the plan is exclusionary or would result in economic segregation.

(5) The financial or tax effect on the proposed borough and existing township.
8 Pa.C.S. § 2040 — PA Code / Title 8 / Chapter 20 / Section 2040
Definitions.
Status: in_force

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

"Community sewage collection or disposal system." All or part of a device or devices installed on any privately or publicly owned parcel of land intended to treat or dispose of the sewage or equivalent volume of domestic sewage from two or more residences, buildings or occupied parcels of land, or any system of piping used in collection and conveyance of sewage on private or public property.
8 Pa.C.S. § 216 — PA Code / Title 8 / Chapter 2 / Section 216
Exceptions.
Status: in_force

If exceptions are filed to the report under section 214(c) (relating to judicial adjustment), the court shall dispose of the exceptions and shall enter its decree confirming or modifying the award.
8 Pa.C.S. § 1105 — PA Code / Title 8 / Chapter 11 / Section 1105
Compensation of certain employees.
Status: in_force

(a) General rule.--A borough may provide, by ordinance, to appointees and employees of not less than ten years of satisfactory service and who are not less than 60 years of age upon termination of active employment with the borough, a proportion of the compensation last paid to them but not in excess of 50% of the compensation, including benefits received under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.), if any, as fixed in the ordinance or amendment of the ordinance.

(b) Postretirement compensation.--Any arrangement to provide postretirement compensation to retired appointees and employees under this section shall be a pension plan within the meaning of that 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 borough establishing such 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 that act.

(c) Funding.--The expenditures authorized in this section shall be paid out of the general tax levy for the current expenditures of the year and not by any special tax.

(d) Construction.--Nothing in this section shall be construed to preclude an appointee or employee of the borough from joining in any pension system or municipal retirement system that the borough may adopt.
8 Pa.C.S. § 1131 — PA Code / Title 8 / Chapter 11 / Section 1131
Police pension fund.
Status: in_force

(a) Authorization to establish.--If a police force of less than three full-time members is being maintained, the borough may, unless there is a private organization or association constituting and managing an existing pension fund for the members of the police force in the borough, by ordinance, establish a police pension fund into which each member of the police force shall pay an equal and proportionate monthly charge to be withheld from the pay of the member.

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

(c) Administration.--

(1) All pension funds or investment or insurance instruments established under this section shall be under the direction of the council, or a committee as it may designate, and shall be applied under regulations as the council may, by ordinance, prescribe for the benefit of the members of the police force who receive honorable discharge by reason of age or disability and the families of police officers injured or killed in service.

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

(3) Any allowances made to individuals who retire by reason of disability or age shall be in conformity with a uniform scale.

(d) Eligibility.--The ordinance establishing the police pension fund shall prescribe a minimum period of total service, a minimum age or both after which members of the force may be eligible for retirement from active duty.

(e) Obligation of payments.--Payments made on account of police pensions shall not be a charge on any fund in the treasury of the borough or under its control except the police pension fund.

(f) Funding.--A borough establishing a police pension fund by ordinance under this section shall provide from any available borough revenue source funding of the police pension fund in an amount sufficient to meet the minimum obligation of the borough with respect to the police pension fund under the act of December 18, 1984 (P.L.1005, No.205), known as the Municipal Pension Plan Funding Standard and Recovery Act.

(g) Management.--

(1) A borough may take, by gift, grant, devise or bequest, any money or property, real, personal or mixed, in trust for the benefit of the police pension fund.

(2) The care, management, investment and disposal of the trust funds or property shall be vested in the officers as the borough shall direct by ordinance and shall be governed by the officers, subject to any directions not inconsistent with the ordinance as the donors of the funds and property may prescribe.

(h) Right to equal and proportionate share.--No person participating in the police pension fund and becoming entitled to receive a benefit from the fund may be deprived of the person's right to an equal and proportionate share of the fund

upon the basis upon which the person first became entitled to the benefit.

(i) Applicable law.--The act of May 29, 1956 (1955 P.L.1804, No.600), referred to as the Municipal Police Pension Law, or the act of February 1, 1974 (P.L.34, No.15), known as the Pennsylvania Municipal Retirement Law, shall govern any borough police pension fund not established under the provisions of this section.
8 Pa.C.S. § 1502.1 — PA Code / Title 8 / Chapter 15 / Section 1502.1
Declaration of intention.
Status: in_force

A borough shall declare its intention to acquire, enter upon, take, use and appropriate any private property or land for any of the purposes authorized by this chapter through a duly enacted ordinance.
8 Pa.C.S. § 1502 — PA Code / Title 8 / Chapter 15 / Section 1502
Restrictions as to certain property.
Status: in_force

(a) Historically significant property.--In addition to a restriction made by another provision of this part in a particular case, no borough may exercise the right of eminent domain against:

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

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

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

(a.1) Colonial or Revolutionary period.--For the purposes of subsection (a), the Colonial and Revolutionary period terminates on September 3, 1783.

(b) Prohibition.--No land or property used for a cemetery, burying ground or place of public worship may be taken or appropriated by virtue of a power contained in this chapter.
8 Pa.C.S. § 1173 — PA Code / Title 8 / Chapter 11 / Section 1173
Offices incompatible with civil service commissioner.
Status: in_force

No commissioner shall at the same time hold an elective or appointed office under the Federal Government, this Commonwealth or any political subdivision of the Commonwealth, except that one member of the commission may be a member of the council and one may be a member of the teaching profession.
8 Pa.C.S. § 25B03 — PA Code / Title 8 / Chapter 25 / Section 25B03
Collection and removal.
Status: in_force

(a) General rule.--Council may collect and remove, by contract or otherwise, municipal waste and recyclables and prescribe penalties for the enforcement of the collection and removal.

(b) Contract length.--A contract with refuse haulers may be made for an initial period not to exceed five years with optional renewal periods of up to five years.

(c) Limitation.--The limitation under subsection (b) does not apply to a contract with a political subdivision or municipal authority.
8 Pa.C.S. § 2802 — PA Code / Title 8 / Chapter 28 / Section 2802
Transfer from borough to company.
Status: in_force

(a) Authority.--Upon petition of at least 10% of living cemetery lot owners, the council may transfer the cemetery and its management to an incorporated cemetery company.

(b) Procedure.--Upon presentation of a petition under subsection (a), the council may enact an ordinance declaring that, upon the acceptance of the ordinance by the incorporated cemetery company and filed with the borough secretary, the title

and control of the cemetery shall vest in the incorporated cemetery company.

(c) Recording.--A copy of the ordinance and the acceptance by the incorporated cemetery company, certified by the borough secretary, shall be recorded in the office of the recorder of deeds of the county.
8 Pa.C.S. § 2201 — PA Code / Title 8 / Chapter 22 / Section 2201
Authority of boroughs.
Status: in_force

(a) General rule.--Any borough may, by ordinance, after obtaining any required permit from the Department of Environmental Protection or other Federal or State entity do the following:

(1) Widen and deepen any watercourse running through or within the borough and erect dykes, retaining walls and embankments along the watercourse as may be necessary to prevent the water from overflowing the banks.

(2) Confine and pave any watercourse or portion thereof, other than a navigable stream.

(3) Engage in channel improvement through the construction and maintenance of storm sewers and the accumulation and discharge of water into storm sewers.

(4) Vacate or alter the course or channel of any watercourse, other than a navigable stream.

(5) Acquire, operate and maintain areas for the infiltration, detention or retention of storm water and for other methods of storm water management authorized by the Department of Environmental Protection.

(b) Authorization and consent.--For any purpose set forth in subsection (a), a borough may enter upon and condemn property and materials as may be necessary. No borough may confine and pave, vacate or alter any watercourse used by any municipality, municipal authority or water company as a source of supply unless the municipality, municipal authority or water company shall first consent to the confining and paving, vacation or alteration. Cross References. Section 2201 is referred to in sections 2203, 2204 of this title.
8 Pa.C.S. § 242 — PA Code / Title 8 / Chapter 2 / Section 242
Change of corporate name.
Status: in_force

(a) General rule.--The following shall apply:

(1) If the corporate name of a borough differs from the name of the borough in general usage or from the post office designation due to minor discrepancies in spelling, capitalization or the manner of compounding the elements of the name, the court of common pleas, upon petition, may change the name of the borough to conform to the name in general usage or to the post office designation.

(2) The petition under paragraph (1) may be presented by any of the following:

(i) Council, pursuant to a resolution.

(ii) At least 5% of the registered electors of the borough.

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

(1) Upon the presentation of a petition under subsection

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

(2) If the court grants the petition, the decree of the court shall be recorded, and the corporate name of the borough shall be as provided in the petition from the date of recording.

(c) Dissemination of decree.--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 decree changing the corporate name of the borough.

(d) Force and effect.--A change of corporate name shall not affect any of the following:

(1) Liabilities incurred.

(2) Rights accrued or vested.

(3) Obligations issued or contracted.

(4) Any suits or prosecutions pending or instituted to enforce any right or penalty accrued or to punish any offense committed prior to the change.
8 Pa.C.S. § 2720.2 — PA Code / Title 8 / Chapter 27 / Section 2720.2
Payment by owners and assessments.
Status: in_force

(a) Payment by owners.--The cost of planting, transplanting or removing any shade trees or the necessary and suitable guards, curbing or grading for their protection and of the replacing of pavement or sidewalk necessarily disturbed in the execution of the work shall be paid by the owners of the real estate abutting the location of the work.

(b) Assessment and collection.--In the event that the borough undertakes the work described in this section, costs shall be certified, assessed against the abutting owners and collected in accordance with Chapter 21A (relating to assessments and charges for public improvements). Cross References. Section 2720.2 is referred to in section 2720 of this title.
8 Pa.C.S. § 2456 — PA Code / Title 8 / Chapter 24 / Section 2456
Preparation of plans and specifications and contracts.
Status: in_force

(a) Preparation of plans and specifications.--The commissioners shall prepare plans and specifications of all work to be performed and materials necessary for the repair, maintenance and extension of the water system or the construction of a new water system.

(b) Contracts.--The commissioners shall, after plans and specifications for the extension or the construction of a water system have been submitted to and approved by the Department of Environmental Protection and a permit has been granted as may be required by law:

(1) Invite proposals for the performing of the work and the furnishing of materials.

(2) Advertise for bids as required by law.

(3) Let contracts to the lowest qualified and responsible bidder.

(4) Take adequate security for the performance of the contracts and for the payment of all labor and materials. Special Provisions in Appendix. See section 4(3)(xiv) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 24A04 — PA Code / Title 8 / Chapter 24 / Section 24A04
Municipal power agencies.
Status: in_force

(a) General rule.--Two or more boroughs may form a municipal power agency by the execution of an agency agreement authorized by an ordinance of the governing bodies of each borough. The agency agreement shall state:

(1) The name of the agency, which shall include the words "municipal power agency."

(2) The names of the boroughs which have approved the agency agreement and are initial members of the municipal power agency.

(3) That the municipal power agency is created pursuant to the authority granted by this part.

(4) The names and addresses of the persons initially appointed by the governing bodies to act as representatives to the municipal power agency from the member boroughs.

(5) The limitations, if any, placed on the powers or terms of representatives appointed by the governing bodies of the member boroughs.

(6) The names and addresses of the initial board of directors of the municipal power agency, if known by the time of filing, which shall be constituted by not less than five persons who are representatives of the member boroughs, selected by the vote of a majority of the representatives.

(b) Certificate of incorporation.--The agency agreement under subsection (a) and a certified copy of the ordinance of the governing body of each borough shall be filed for record with the Secretary of the Commonwealth. If the agency agreement meets the requirements of this section, the Secretary of the Commonwealth shall record the agreement and issue and record a certificate of incorporation which shall be conclusive proof of substantial compliance with the requirements of this section. The certificate shall state the name of the municipal power agency and the fact and date of incorporation. Upon the issuance of the certificate of incorporation, the existence of the municipal power agency as a political instrumentality of the Commonwealth shall begin.

(b.1) Open meetings.--Regular and special meetings of the representatives of member boroughs and the board of directors as provided in this section shall be subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).

(c) Bylaws.--The bylaws of the municipal power agency and any amendments shall be proposed by the board of directors and shall be adopted by a majority vote of the representatives of the member boroughs unless the agency agreement requires a greater vote at a meeting held after notice. Subject to the provisions of the agency agreement, the requirements of this part and the laws of this Commonwealth, the bylaws shall state:

(1) The qualifications of member boroughs and limitations, if any, upon their number.

(2) Conditions of membership, if any.

(3) The manner and time of calling regular meetings of representatives of member boroughs.

(4) The manner and conditions of termination of membership.

(5) Other provisions for regulating the affairs of the municipal power agency as the representatives of the member boroughs shall determine to be necessary.

(d) Registered office.--Every municipal power agency shall maintain an office in this Commonwealth to be known as its registered office. When a municipal power agency desires to change the location of its registered office, it shall file with the Secretary of the Commonwealth a certificate of change of location of registered office, stating the new location by address, including street and number, if any, and the effective date of change. When the certificate of change of location has been duly filed, the board of directors may make the change without any further action.

(e) Directors.--The following apply:

(1) Each of the directors shall hold office for the term for which the director has been selected and until a successor has been selected and has qualified. Directors shall discharge their duties in good faith and with that diligence and care which an ordinary prudent person in a like position would exercise under similar circumstances.

(2) The agency agreement or the bylaws may prescribe the number, term of office, powers, authority and duties of directors, the time and place of their meetings and other regulations concerning directors in a manner consistent with law.

(3) Except where the agency agreement or bylaws prescribe otherwise, the term of office of a director shall be for one year.

(4) Except where the agency agreement or bylaws prescribe otherwise, a meeting of the board of directors may be held at any place within this Commonwealth designated by the board, after notice, and an act of the majority of the directors present at a meeting at which a quorum is present is the act of the board.

(5) Except where the agency agreement or bylaws prescribe otherwise, any vacancy occurring on the board shall be filled by a person nominated by the remaining members of the board and elected by a majority of representatives of the member boroughs.

(f) Officers.--Except where the agency agreement or bylaws prescribe otherwise, the board of directors shall appoint a president from its membership and a secretary, treasurer and any other officers or agents deemed necessary who may, but need not be, borough representatives or directors. An officer may be removed with or without cause by the board of directors. Officers of the municipal power agency shall have the authority and duties in the management of the business of the municipal power agency that the agency agreement or bylaws prescribe or, in the absence of the prescription, as the board of directors determines.

(g) Representatives of member boroughs.--The following apply:

(1) Except as otherwise provided in the agency agreement or the bylaws, the duly authorized representatives of each member borough shall act as and vote on behalf of that borough.

(2) Except where the agency agreement or bylaws provide otherwise, representatives of the member boroughs shall hold at least one meeting each year for the election of directors and for the transaction of any other business.

(3) Except where the agency agreement or bylaws prescribe otherwise, special meetings of the representatives may be called for any purpose upon written request to the president or secretary to call the meeting. The officer shall give notice of the meeting to be held between ten and 60 days after receipt of the request.

(4) Unless the agency agreement or bylaws provide for a different percentage, a quorum for a meeting of the representatives of the member boroughs is a majority of the total members, and a quorum for meetings of the board of directors is a majority of the membership of the board.

(h) Amendment of agency agreement.--The agency agreement may be amended as proposed at any meeting of the representatives of the members for which notice stating the purpose shall be given to each representative and, unless the agency agreement or bylaws require otherwise, shall become effective when ratified by ordinances of a majority of the governing bodies of the member boroughs. Each amendment and the ordinances approving it shall be filed for record with the Secretary of the Commonwealth.

(i) Appropriations.--Each member borough shall have full power and authority, within budgetary limits applicable to it, to appropriate money for the payment of expenses of the formation of the municipal power agency and of its representative in exercising its functions as a member of the agency.

(j) General powers.--A municipal power agency may own, construct, acquire by lease, purchase or otherwise gain an interest by itself or as co-owner or tenant in common and operate and manage or cause to be operated and managed an electric plant or project located within or without this Commonwealth jointly with any political subdivision, subdivision of the Federal Government, State government, political subdivision of another state, private corporation empowered to supply electricity, electric cooperative corporation formed under the former act of June 21, 1937 (P.L.1969, No.389), known as the Electric Cooperative Corporation Act, or electric cooperative corporation in another state.

(k) Specific powers.--All powers of a municipal power agency shall be exercised by its board of directors, unless otherwise provided by the agency agreement or bylaws. A municipal power agency shall have the power to do and accomplish all actions reasonably necessary and incident to the ownership, construction, acquisition, administration, operation and management of an electric plant or project. Among the specific powers of a municipal power agency shall be the following:

(1) To sue and be sued.

(2) To enter into contracts.

(3) To cooperate with private power companies, boroughs, electric cooperative corporations and other public or private electric power entities inside and outside of this Commonwealth in the development of electric power and energy.

(4) To make the studies as may be necessary to determine the feasibility and cost of any additional sources and supplies of electric power and energy.

(5) To contract for the purchase, sale, exchange, interchange, wheeling, pooling or transmission of electric power and energy or for the right to the capacity thereof, inside and outside of this Commonwealth, to and from any public or private power entities, private power companies, other boroughs and electric cooperative corporations.

(6) To procure insurance against any losses in connection with its property, operations or assets in amounts and from insurers as the board of directors deems desirable.

(7) To contract for and to accept any gifts, grants or loans of funds, property or financial or other aid in any form from the United States or any agency or instrumentality of the United States or from any other source.

(8) To acquire, hold, use, operate and dispose of personal property.

(9) To acquire, hold, use and dispose of its income, revenues, funds and money.

(10) To acquire, own, use, lease, operate and dispose of real property and interests in real property and to make improvements to the real property.

(11) To grant the use, by lease or otherwise, and to make charges for the use of any property or facility owned or controlled by it.

(12) To procure from the United States or any agency or instrumentality of the United States, or from any state or agency or instrumentality of a state, any consents, authorizations or approvals which may be requisite to enable ownership, operation, construction or repair.

(13) To borrow money and from time to time to issue revenue bonds and to enter into agreements with the purchasers of the revenue bonds.

(14) To invest funds not required for immediate use, including, but not limited to, proceeds from the sale of revenue bonds. The power of a municipal power agency to invest shall be the same as that of a borough, as exercised by the council pursuant to sections 1005(6) (relating to powers of council) and 1316 (relating to investment of funds).

(15) To mortgage any property acquired or owned to secure the payment of its revenue bonds or other obligations issued to finance the acquisition, ownership or repair.

(l) Eminent domain.--

(1) Except as provided under paragraph (2), in the erection and extension of an electric plant or project and for all other purposes authorized by this part, a municipal power agency may enter upon, appropriate, injure or destroy private lands, property or material according to the proceedings set forth in 26 Pa.C.S. (relating to eminent domain).

(2) A municipal power agency shall not have the power of condemnation with regard to any property of a private or public retail electric supplier which geographically lies beyond the boundaries of the corporate limits of its member boroughs.

(m) Revenue bonds.--A municipal power agency which gains an interest in an electric plant or project may pay all or part of the cost from the revenues derived from the sale of revenue bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

(n) Bylaws.--A municipal power agency may make and enforce bylaws or rules which it deems necessary or desirable. A municipal power agency may establish, fix, levy and collect or may authorize, by contract, franchise, lease or otherwise, the establishment, levying and collection of rents, rates and other charges for the services afforded by the municipal power agency, including connection for the services afforded by the municipal power agency, including connection charges or by or in connection with any project or properties which it may

construct, erect, acquire, own, operate or control, or with respect to which it may have any interest or any right to capacity thereof, and for the sale of electric energy or of generation or transmission capacity or services as it may deem necessary, proper, desirable and reasonable. Rents, rates and other charges shall be at least sufficient to meet expenses thereof, including reasonable reserves, interest and principal payments.

(o) State tax exemptions.--Interest and principal paid on revenue bonds issued by a municipal power agency shall be exempt from all State taxes of whatsoever kind or nature. Cross References. Section 24A04 is referred to in sections 1402, 24A01, 24A05 of this title.
8 Pa.C.S. § 2403 — PA Code / Title 8 / Chapter 24 / Section 2403
Issue of bonds where water system acquired.
Status: in_force

Where the price and terms are agreed upon, a borough may become the owner of and operate any water system owned and operated by a corporation furnishing water within the acquiring borough and in nearby municipal corporations. The borough may pay for the water system from the revenues derived from general obligation bonds or utility bonds issued in the manner provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).
8 Pa.C.S. § 241 — PA Code / Title 8 / Chapter 2 / Section 241
Consolidation or merger.
Status: in_force

A borough may be merged or consolidated into a new or existing municipal corporation in accordance with 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger).
8 Pa.C.S. § 10A01 — PA Code / Title 8 / Chapter 10 / Section 10A01
Eligibility of mayor.
Status: in_force

No mayor may hold any other borough office or appointment during the term for which the mayor is elected, except as is permitted under section 1104 (relating to appointments and incompatible offices). The mayor shall be eligible to succeed himself. The mayor shall not be a member of council, nor shall the mayor preside over or vote at any meeting of council, except as provided in section 1003 (relating to when the mayor may preside over council and vote, attendance of mayor at council meetings and breaking tie votes).
8 Pa.C.S. § 201 — PA Code / Title 8 / Chapter 2 / Section 201
Contiguous areas.
Status: in_force

A court of common pleas may incorporate as a borough any contiguous area from one or more townships within the court's jurisdiction having a population of at least 500 residents.

After having been incorporated as a borough, the area shall be a body corporate and politic and shall have the name decreed by the court. Cross References. Section 201 is referred to in section 211 of this title.
8 Pa.C.S. § 2751 — PA Code / Title 8 / Chapter 27 / Section 2751
Acquisition of land for forest purposes.
Status: in_force

A borough may acquire by purchase, gift or lease tracts of land covered with forest or tree growth or suitable for the growth of trees and administer the tracts in accordance with the practices and principles of scientific forestry, for the benefit of the borough. The tracts may be of any size suitable for the purpose and may be located within or without the borough limits.
8 Pa.C.S. § 1503 — PA Code / Title 8 / Chapter 15 / Section 1503
Application of 26 Pa.C.S.
Status: in_force

Eminent domain proceedings must conform to the provisions of 26 Pa.C.S. (relating to eminent domain), including, but not limited to, payment of damages and costs.
8 Pa.C.S. § 1101 — PA Code / Title 8 / Chapter 11 / Section 1101
Compensation, hours and days of work and outside employment.
Status: in_force

Appointed officers and employees of the borough shall receive compensation for their services as the council shall prescribe. Council may also establish the hours and days of work and may restrict the outside employment of borough employees or any class or category of employment.
8 Pa.C.S. § 2720.4 — PA Code / Title 8 / Chapter 27 / Section 2720.4
Penalties.
Status: in_force

(a) Penalties for violation.--To the extent provided by ordinance, council may assess penalties for the violation of regulations relating to shade trees or delegate the power to assess penalties to a shade tree commission. Any penalty assessed shall be a lien upon the real estate of the offender and may be collected as municipal claims are collected.

(b) Separate fund.--All penalties or assessments imposed under this subchapter shall be paid to the borough treasurer, to be kept in a separate fund and utilized only for the purposes authorized by this subchapter.
8 Pa.C.S. § 3301.4 — PA Code / Title 8 / Chapter 33 / Section 3301.4
Recording, advertising and proof.
Status: in_force

(a) Recording.--All borough ordinances shall, within 30 days after approval by the mayor, the council's override of the mayor's veto or council's next scheduled meeting after its presentation to the mayor, be recorded by the borough secretary in an ordinance book. All borough resolutions pertaining to tax levies shall, within 30 days after approval by the mayor, the council's override of the mayor's veto or the council's next scheduled meeting after its presentation to the mayor, be recorded by the borough secretary in an ordinance book. The ordinance book shall be open to the inspection of citizens during normal business hours.

(b) Proof.--All ordinances may be proved by the certificate of the borough secretary under the corporate seal. If an ordinance is printed or published in book or pamphlet form by the authority of the borough, the ordinance shall be accepted as evidence without further proof. The entry of the borough ordinance or the entry of a borough resolution pertaining to a tax levy in the ordinance book shall be sufficient without the signature of the president of council, mayor or member of council.

(c) Prior ordinances.--The text of a borough ordinance or a portion of an ordinance which was attached to the ordinance book before January 1, 1966, shall be considered in force as if the ordinances or portions of ordinances had been recorded in the ordinance book if all other requirements of this part applicable to the enactment, approval, advertising and recording of the ordinances or portions of ordinances were complied with within the time limits prescribed under this part. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsecs. (a) and (b).
8 Pa.C.S. § 2409 — PA Code / Title 8 / Chapter 24 / Section 2409
Sale of water system.
Status: in_force

(a) General rule.--By ordinance, a borough may sell all or part of its water system to a purchaser at an agreed-upon price, and, thereafter, for all purposes that price shall be deemed to be the purchaser's original cost less accrued depreciation of the plant at the date of purchase. No ordinance shall take effect until the expiration of ten days following its enactment, and, if, within that ten-day period, a protest signed by at least 10% of the registered electors of the borough is filed with the council, the sale shall be stayed pending a referendum on the ordinance.

(b) Protest.--The following shall apply to a protest:

(1) The borough secretary, within five days following the filing of the protest, shall certify to the county board of elections a copy of the ordinance and the fact of the protest, together with the number of signers of the protest, and the county board of elections shall direct a referendum to be held on the matter at a special election to be held at the time of the next general or municipal or primary election occurring not less than 60 days from the date of the certification by the borough secretary.

(2) The referendum shall be conducted by the county board of elections in the manner provided by the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code, for the holding of special elections. The ballot used when voting upon the question shall contain a question stating the nature and purpose of the ordinance and provide that a "yes" vote shall be to sustain the ordinance and a "no" vote shall be to reject it.

(3) If more electors vote to sustain the ordinance than to reject it, the ordinance shall take effect immediately. If more electors shall vote to reject the ordinance than to sustain it, the ordinance shall be null and void and shall not take effect.
8 Pa.C.S. § 1003 — PA Code / Title 8 / Chapter 10 / Section 1003
When the mayor may preside over council and vote, attendance of mayor at council meetings and breaking tie votes.
Status: in_force

(a) Presiding over meetings.--The mayor shall preside over the organization of the council until it is organized as provided in section 1001 (relating to organization of council, quorum, participation by telecommunication device, voting, compensation and eligibility) and shall be deemed a member of council at the organizational meeting if the mayor's membership becomes necessary to constitute a quorum.

(b) Voting at meetings.--The mayor shall not vote at the meeting unless the mayor's vote shall, for any reason, be required to effect the organization of council or to elect any officer who is required to be or may be elected at the organizational meeting. If the mayor is absent from the organizational meeting, one of the members of council physically present at the meeting and chosen by the members eligible to vote at the meeting shall preside.

(c) Attendance.--The mayor may attend any or all regular and special meetings of council and take part in the discussions of the council on matters pertaining to borough affairs, subject to any restrictions applicable to members of council contained in the rules of order or bylaws of the council.

(d) Tie votes.--

(1) If, by reason of a tie or split vote, the council shall be unable to:

(i) enact or pass any ordinance, resolution or motion;

(ii) declare any vacancy pursuant to section 903 (relating to right of council to declare seat of member vacant for failure to qualify);

(iii) fill any other vacancy in its membership or in any other borough office; or

(iv) take any action on any matter lawfully brought before it; the mayor, if in attendance at the meeting, may, at the mayor's option, cast the deciding vote or shall direct that the matter be tabled until a special meeting of council.

(2) The special meeting of council shall be held within not less than five days or more than ten days at which time the matter shall be reconsidered by council.

(3) If a tie or split vote still exists, it shall be the duty of the mayor at that time to cast the deciding vote.

(4) If a tie or split vote occurs at any meeting when the mayor is not in attendance, the matter shall be tabled to a special meeting to be held within not less than five days or more than ten days as set by the president of council, and the mayor shall be given at least five days'

notice of the meeting, at which meeting it shall be the duty of the mayor to cast the tie-breaking vote. Cross References. Section 1003 is referred to in section 10A01 of this title.
8 Pa.C.S. § 1404.1 — PA Code / Title 8 / Chapter 14 / Section 1404.1
Purchase contracts for petroleum products and fire company, etc., participation.
Status: in_force

The council of each borough shall have power to permit, subject to terms and conditions as it may and, as specifically provided, shall prescribe, a paid or volunteer fire company, paid or volunteer rescue company and paid or volunteer ambulance company in the borough to participate in purchase contracts for petroleum products entered into by the borough. A company desiring to participate in purchase contracts shall file with the borough secretary a request to authorize it to participate in contracts for the purchase of petroleum products of the borough and agreeing that it will be bound by the terms and conditions as the borough may and, as specifically provided, shall prescribe and that it will be responsible for payment directly to the vendor under each purchase contract. Among the terms and conditions, the borough shall prescribe that the prices must be F.O.B. destination.
8 Pa.C.S. § 102 — PA Code / Title 8 / Chapter 1 / Section 102
Excluded provisions.
Status: in_force

This part shall not include any provisions and shall not be construed to repeal any acts relating to:

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

(2) The collection of municipal claims by liens.

(3) The method of incurring or increasing indebtedness.

(4) Conduct of elections.

(5) Public schools.

(6) The powers and duties of borough and ward constables.

(7) Magisterial district judges.

(8) The giving of municipal consent to public utilities.

(9) State highways.

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

(11) 18 Pa.C.S. (relating to crimes and offenses).

(12) 75 Pa.C.S. (relating to vehicles).

Cross References. Section 102 is referred to in section 3501 of this title.
8 Pa.C.S. § 2433 — PA Code / Title 8 / Chapter 24 / Section 2433
Operation of property.
Status: in_force

A borough shall have the same powers in operating a leased water system as it would have in operating a purchased or condemned water system.
8 Pa.C.S. § 3301.3 — PA Code / Title 8 / Chapter 33 / Section 3301.3
Enactment, approval and veto.
Status: in_force

(a) Approval by mayor.--

(1) Every ordinance enacted by council shall be presented to the mayor for the mayor's approval. Presentation to the mayor shall be deemed to mean delivery to the mayor by hand delivery or certified mail, addressee only, to the mayor at the mayor's last known address. Delivery shall be deemed complete upon depositing in the mail, postage or charges prepaid, as evidenced by a certificate of mailing.

(2) The following shall apply:

(i) If the mayor approves the ordinance, the mayor shall sign it.

(ii) If the mayor does not approve the ordinance, the mayor shall return it with objections, which shall be entered upon the minutes, to the council at its next scheduled meeting occurring at least ten days after the meeting at which the ordinance was enacted by council.

(iii) Council shall reconsider the ordinance either at the meeting at which the vetoed ordinance was returned or not later than ten days after the meeting at any other scheduled meeting. If, after reconsideration, a majority of all elected council members plus one votes to override the mayor's veto, the ordinance shall have full force and effect as if it had received the approval of the mayor. The vote shall be determined by yeas and nays, and the names and votes of the members shall be entered upon the minutes.

(iv) A scheduled meeting, as used in this section, may be either a regular, special or reconvened meeting.

(3) If an ordinance is not returned by the mayor at council's next scheduled meeting occurring at least ten days after its presentation to the mayor, the ordinance shall have full force and effect as if it had been approved by the mayor.

(b) Effective date.--The effective date of an enacted ordinance, except as provided in the ordinance, shall be one of the following:

(1) The date when the mayor approves the ordinance.

(2) The date of enactment by the council over the veto of the mayor.

(3) For an ordinance not returned by the mayor at the next scheduled meeting of council occurring at least ten days after the meeting at which the ordinance was enacted by the council, the date of the succeeding scheduled meeting of council.

(c) Tax ordinance or resolution.--The following shall apply:

(1) If council presents the mayor with the annual tax ordinance or resolution under section 1310.1 (relating to tax ordinance or resolution), the mayor shall, within ten days of receiving the tax ordinance or resolution, approve or return the tax ordinance or resolution to the borough secretary with a statement setting forth the mayor's objections.

(2) Council shall reconsider the tax ordinance or resolution at any scheduled meeting held not later than ten days after the mayor has returned the tax ordinance or resolution to the secretary with the mayor's objections. The

mayor's objections shall be entered upon the minutes of the meeting.

(3) A veto of the tax ordinance or resolution of the borough may be overridden by a vote of a majority of all elected council members plus one. If the veto is overridden, the ordinance or resolution shall have full force and effect as if it had received the approval of the mayor.

(4) If the mayor neither approves the tax ordinance or resolution nor returns it with objections, the date of enactment of the tax ordinance or resolution shall be the date of the adoption of the tax ordinance or resolution by council. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsec. (c). Cross References. Section 3301.3 is referred to in section 1310.1 of this title.
8 Pa.C.S. § 1902 — PA Code / Title 8 / Chapter 19 / Section 1902
Right to appropriate property and assessment of damages.
Status: in_force

In any case where the borough does not agree with the owner or owners for damages done or likely to be done by the erection of a bridge or viaduct, the borough may take and appropriate the land and property necessary to erect the bridge or viaduct. The damages caused by the taking and appropriation shall be assessed according to 26 Pa.C.S. (relating to eminent domain).
8 Pa.C.S. § 1735 — PA Code / Title 8 / Chapter 17 / Section 1735
Streets not to be constructed, dedicated or opened to travel without the approval of council.
Status: in_force

(a) Requirements.--No person may construct, dedicate or open to travel a street or a drainage facility in connection with the street for public use or travel or for the common use of occupants of buildings abutting thereon in a borough without first submitting suitable plans to the council and obtaining its approval. The plans must:

(1) be prepared in accordance with rules and regulations as may be prescribed by the council; and

(2) show the profiles of the street, the course, structure and capacity of a drainage facility, and the method of drainage of the adjacent or contiguous territory, and any other or further details that may be required under the rules or regulations adopted by the council.

(b) Pennsylvania Municipalities Planning Code.--The Pennsylvania Municipalities Planning Code shall apply to the construction, security requirements and dedication of streets and connected drainage facilities if the streets proposed to be constructed are part of a plan required by an ordinance adopted under the Pennsylvania Municipalities Planning Code.

(c) Authority and duties of council.--

(1) Before acting upon plans not subject to review under subsection (b), council may, at its discretion, arrange for a public hearing after giving the notice as it may deem desirable in each case. Council may alter the plans and specify changes or modifications of any kind and may make its approval of the plans subject to alterations, changes or modifications. Plans, when so approved, must be:

(i) signed on behalf of the borough by the officer as the council may designate; and

(ii) must be filed where the plans are available for public inspection among the records of the borough at reasonable times.

(2) No approval of plans by council may obligate or require the borough to construct, reconstruct, maintain, repair or grade a street or drainage facilities associated therewith.

(d) No plan approved.--If the council refuses to approve any plans submitted to it, a person aggrieved by the action of council may, within 30 days after the action, appeal from the action by petition to the court of common pleas of the county, and the court shall hear the matter de novo. After hearing, the court may enter a decree affirming, reversing or modifying the action of the council as may appear just. The court shall designate the manner in which notice of the hearing of an appeal shall be given to all parties interested. The decision of the court shall be final. A plan approved by the action of council or by the court on appeal must be recorded by the person applying for approval in the office of the recorder of deeds in the county.

(e) Restriction.--If a street or a drainage facility in connection with the street is opened, constructed or dedicated for public use or travel, except in strict accordance with a

plan approved by the council or the court on appeal as provided in this chapter, neither the council nor any other public authority may place, construct or operate a sewer, drain, water pipe or other facility or do any work in or upon the street. Neither council nor any other public authority has a responsibility with respect to the street or drainage facility, notwithstanding the use of the street or drainage facility by the public. Nothing in this chapter prevents the laying of a trunk sewer, drain or water or gas main, if required by engineering necessity for the accommodation of other territory.

(f) Failure to comply with chapter.--A person who constructs, opens or dedicates a street or drainage facility in connection with a street, for public use or travel in a borough, without having first complied with this chapter is guilty of a misdemeanor of the third degree and is subject to a suit for the costs and damages incurred by the borough or property owners in the course of correcting the substantive violations of State law or borough ordinance resulting from or arising out of the unlawfully constructed street or facility. Nothing under this section may be construed to apply to the Department of Transportation.
8 Pa.C.S. § 901 — PA Code / Title 8 / Chapter 9 / Section 901
Filling vacancies in elective borough offices.
Status: in_force

(a) Vacancies.--If any vacancy occurs in the office of the mayor, member of council, auditor, controller or tax collector, by death, resignation under subsection (a.1) or termination of residency from the borough, or from a ward in the case of a ward office, or by failure to take the required oath, to give

bond as provided by law or ordinance or to provide the affidavit required under section 801 (relating to eligibility), or in any other manner whatsoever, the council shall fill the vacancy within 30 days by appointing, by resolution, a registered elector of the borough, or of the ward in the case of a ward office, to hold the office, if the term continues that long, until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs, at which election an eligible individual shall be elected to the office for the remainder of the term. Except as provided in section 801(c), no individual shall be appointed to fill a vacancy in an elected borough or ward office unless the individual has resided within the borough, or within the ward in the case of a ward office, continuously for at least one year immediately prior to the individual's appointment.

(a.1) Vacancy by resignation.--Except as provided in subsection (f), the following shall apply:

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

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

(b) Bond.--The individual appointed shall give bond if required by law or ordinance. If the individual elected to the office fails to give any bond required, to provide the affidavit required under section 801 or to take the required oath, the council, before making the appointment, shall declare the office vacant.

(c) Vacancy board.--

(1) A vacancy board shall be convened to fill any vacancy within 15 days if the council of any borough, for any reason, fails to fill a vacancy after 30 days. The council may vote to convene the vacancy board within 30 days of a vacancy if it is unable, for any reason, to fill the vacancy and provides its justification in a public meeting.

(2) The vacancy board shall consist of the council, exclusive of the mayor, and one registered elector of the borough who shall be appointed by the council at the council's first meeting each calendar year or as soon as practical and who shall act as chair of the vacancy board. The chairperson of the vacancy board shall not vote for themselves to fill the vacancy in any elective borough office.

(3) The vacancy board shall appoint a registered elector of the borough, or ward in the case of a ward office, to hold the office, if the term continues that long, until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs, at which election an eligible individual shall be elected to the office for the remainder of the term.

(d) Vacancy board petition.--The vacancy board chair shall, or, in the case of a vacancy in the chair, the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy by the appointment of a registered elector of the borough, or ward in the case of a ward, to hold the office, if the term continues that long, until the first Monday in January after the first municipal election occurring more than 60 days after the vacancy occurs, at which election an

eligible individual shall be elected to the office for the remainder of the term if either of the following occur:

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

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

(e) Elector petition.--(Deleted by amendment).

(f) General vacancy petition.--Notwithstanding any other provision of this section, if vacancies exist in more than a majority of the offices of council, the court of common pleas shall fill the vacancies upon presentation of a petition signed by not less than 15 registered electors of the borough or the remaining council members. A resignation that precludes a majority of council members from acting to accept the resignation shall create a vacancy on the date specified in the tendered resignation or, if no date is specified, the second business day after the day tendered, unless sooner withdrawn in writing. (Apr. 1, 2026, P.L.185, No.9, eff. 60 days) 2026 Amendment. Act 9 amended subsecs. (c) and (d), added subsecs. (a.1) intro. par. and (f) and deleted subsec. (e). Special Provisions in Appendix. See section 4(3)(v) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law. Cross References. Section 901 is referred to in sections 903, 1005 of this title.
8 Pa.C.S. § 212 — PA Code / Title 8 / Chapter 2 / Section 212
Boundaries.
Status: in_force

The boundaries of the borough shall, as soon as practicable after its incorporation, be appropriately marked. Prior to marking the boundaries, notice shall be provided, as directed by the court, to the governing bodies of adjoining municipal corporations.
8 Pa.C.S. § 2000 — PA Code / Title 8 / Chapter 20 / Section 2000
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:

"Combined sewer." A sewer used for the receiving and collecting of sewage and liquid waste from the inside of buildings and structures, storm water, roof or surface drainage, sump pump discharge and draining from foundation drains. "Sanitary sewer" or "sanitary sewer system." A sewer or sewers used for receiving and collecting sewage matter and liquid waste from the inside of buildings and structures. Storm water shall not be permitted to enter into a sanitary sewer. A sanitary sewer or sanitary sewer system does not include a combined sewer.

"Sewer system." Either a sanitary sewer or a combined sewer and includes pump stations and force mains.
8 Pa.C.S. § 2800.1 — PA Code / Title 8 / Chapter 28 / Section 2800.1
Burial of deceased persons.
Status: in_force

A borough may prohibit the burial or interment of deceased persons anywhere within borough limits.
8 Pa.C.S. § 101.1 — PA Code / Title 8 / Chapter 1 / Section 101.1
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: "Abutting property" or "abutting real estate." In reference to any street, the term shall mean any property physically adjoining the street, regardless of what the reversion rights in the street may be and regardless of where the lot lines may be in relation to the street.

"Council." A borough council.

"Highway." A State highway of this Commonwealth.

"Latest official census." The later of any of the following:

(1) The most recent Federal decennial census.

(2) A census conducted later in time than the census under paragraph (1) by the United States Census Bureau.

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

"Municipality." A municipal corporation or a county.

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

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

"Street." Any street, road, lane, court, cul-de-sac, alley, public way and public square.
8 Pa.C.S. § 24A03 — PA Code / Title 8 / Chapter 24 / Section 24A03
Specific powers.
Status: in_force

(a) Specific powers enumerated.--In addition to exercising its general powers under section 24A02 (relating to general powers), a borough, through its governing body, shall have the following powers:

(1) To contract for the purchase, sale, exchange, interchange, wheeling, pooling or transmission of electric power and energy or for the right to the capacity of electric power, inside and outside of this Commonwealth, to and from any public or private power entities, private power companies, other boroughs and electric cooperative corporations. The sale of electric power to a borough for resale inside the limits of the borough and the sale of electric power by a borough inside the limits of the borough shall be exempt from the tax imposed under section 1101 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax Reform Code of 1971.

(2) To regulate the use of and the charge for electricity furnished by the borough for use throughout the borough. A borough may fix, establish, maintain and collect

or authorize by contract or otherwise the establishment, levying and collection of the rates, fees, rental or other charges, including connection charges, for the services afforded by or in connection with any properties which the borough constructs, erects, owns, acquires, operates or manages and for the sale or transmission of electric energy and power as it deems necessary, proper, desirable and reasonable.

(3) To procure insurance against any losses in connection with its property, operations or assets in the amounts and from the insurers as the governing body or bodies deem desirable.

(4) To contract for and to accept any gifts, grants or loans of funds, property or financial or other aid in any form, from the United States or any agency or instrumentality of the United States or from any other source.

(5) To lease, or otherwise grant the use of, and to make charges for the use of any property or facility owned or controlled by the borough.

(6) To procure from the United States or any agency or instrumentality of the United States, or from any state or agency or instrumentality of a state, any consents, authorizations or approvals which may be requisite to enable ownership, operation, construction or repair.

(7) To borrow money and from time to time to issue revenue bonds and to enter into agreements with the purchasers of the revenue bonds. A borough that incurs debt for the construction or purchase of an electric plant, or land on which to construct an electric plant, or gains an interest in an electric plant or project under section 24A02 shall incur the debt in accordance with and to the extent permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing). Interest and principal paid on revenue bonds issued by a borough under this chapter shall be exempt from all State taxes of any kind or nature.

(8) To mortgage a property acquired or owned under section 24A02 to secure the payment of its revenue bonds or other obligations issued to finance the acquisition, ownership or repair.

(9) To sell, by ordinance, all or part of its electric works to a purchaser for the sale price agreed upon by the parties. After the sale, the price shall be deemed to be the purchaser's original cost less accrued depreciation of the plant at the date of purchase.

(10) To purchase the electric works of any person, partnership or electric company organized under the laws of this Commonwealth that is furnishing electricity to the borough or the public within the borough. The borough and the person, partnership or a majority in value of the stockholders of a corporation may agree upon the purchase price, except that, upon failure of the parties to agree on the price, the borough may proceed according to 26 Pa.C.S. (relating to eminent domain).

(b) Eminent domain.--In the erection and extension of an electric plant or project under this chapter and for all other purposes authorized by this part, a borough may enter upon, appropriate, injure or destroy private lands, property or material according to the proceedings set forth in 26 Pa.C.S. A borough shall not have the power of condemnation with regard to any property of a private or public retail electric supplier which geographically lies beyond the boundaries of the corporate limits of the borough.

(June 5, 2020, P.L.211, No.28, eff. 60 days) 2020 Amendment. Act 28 amended subsec. (a)(1). Section 3(1) of Act 28 provided that the amendment of subsec. (a)(1) shall apply to gross receipts received after December 31, 2016. Section 3(2) of Act 28 provided that the amendment of subsec.

(a)(1) shall apply to sales to or by a municipal power agency or any borough owned or operated utility established on or before the effective date of section 3.
8 Pa.C.S. § 805 — PA Code / Title 8 / Chapter 8 / Section 805
Election after creation.
Status: in_force

(a) Officers.--The officers of a borough provided for under section 806 (relating to officers elected) shall be elected at the appropriate municipal election and take office on the first Monday of January succeeding the election if any of the following occur:

(1) A borough is incorporated under Subchapter A of
8 Pa.C.S. § 505 — PA Code / Title 8 / Chapter 5 / Section 505
Compensation, expenses and costs (Repealed).
Status: repealed

2022 Repeal. Section 505 was repealed July 7, 2022, P.L.455, No.41, effective in 60 days.
8 Pa.C.S. § 1005 — PA Code / Title 8 / Chapter 10 / Section 1005
Powers of council.
Status: in_force

The council shall have power:

(1) To, by motion, ordinance or resolution, create the offices of and appoint a treasurer, a secretary, a solicitor, an engineer, a street commissioner and other officers as it deems necessary. The treasurer and the secretary shall not be members of council. A bank or bank and trust company may be appointed as treasurer. All officers and employees appointed by the council, with the exception of those who under this part or any other act are under civil service or have a definite term of office, shall serve for an indefinite term at the pleasure of the council.

(2) To mitigate or remit fines and forfeitures in reasonable cases.

(3) By resolution, to make temporary loans on the credit of the borough in anticipation of taxes to be collected and issue certificates of indebtedness. The loans shall be repaid from the first money available from taxes in anticipation of which the loans were made.

(4) With respect to depositories and securities, to:

(i) Appoint and revoke the appointment of one or more depositories for borough funds and to fix and approve security to be furnished by the depository. The security may be bonds with corporate or individual securities to be approved by council, or collateral security consisting of obligations of the United States or the Commonwealth or any political subdivision, deposited with the borough or with any bank or trust company within this Commonwealth and of a market value of 120% of the amount of the deposit to be secured. Any deposit of collateral shall be under proper agreement and be accompanied by proper assignment or power of attorney for the transfer of the collateral. The borough treasurer shall deposit all borough funds in a depository designated under this subparagraph. If borough funds are deposited under this subparagraph, the borough treasurer shall be released and discharged from further liability on account of the deposit.

(ii) Subparagraph (i) shall not be construed to require a depository to furnish bond or collateral security to cover the amount of any deposit to the extent that the deposit is insured with the Federal Deposit Insurance Corporation.

(5) To secure indemnity bonds or policies of insurance as it may deem necessary to protect the borough from loss

by reason of fire, flood, windstorm, burglary, larceny, negligence or dishonesty or insolvency of a depository, or otherwise, and to pay for the protection the usual or customary costs.

(6) With respect to investments, to:

(i) make investment of borough sinking funds as authorized by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing);

(ii) make investment of money in the general fund and in special funds of the borough other than the sinking funds as authorized by Chapter 13 (relating to taxation and finance); and

(iii) liquidate any investment, in whole or in part, by disposing of securities or withdrawing funds on deposit. Any action taken to make or to liquidate any investment shall be made by the officers designated by action of the council.

(7) To provide, by ordinance passed by a two-thirds vote of the entire number of members of council elected, for the appointment of an independent auditor who shall be a certified public accountant registered in this Commonwealth, a firm of certified public accountants registered in this Commonwealth or a competent public accountant or a competent firm of public accountants.

(i) When an ordinance has been adopted, an independent auditor shall be appointed annually, by resolution before the close of the fiscal year, to make an independent examination of the accounting records of the borough for the fiscal year, and the independent auditor shall also perform the other duties and exercise the powers as conferred upon the independent auditor under Subchapter C (relating to auditors).

(ii) When an independent auditor is appointed as provided in this paragraph, the office of elected borough auditor or controller is abolished, but the borough auditor or controller then in office shall continue to hold office during the term for which elected, and the borough auditor or controller shall not audit, settle or adjust the accounts audited by the independent auditor but shall perform the other duties of office.

(iii) If any borough has provided by ordinance for the audit of its accounts by an appointed auditor, the borough shall have the right at any time to repeal the ordinance, and the office of appointed auditor shall be abolished as of the date set in the ordinance. The borough shall have the further right at the next municipal election following the repeal of the ordinance to elect three auditors, one for a term of two years, one for a term of four years and one for a term of six years, from the first Monday of January following the election, which auditors shall succeed the appointed auditor and shall have and possess all the powers and perform all the duties provided in this part for elected auditors. If, at any time after the effective date of any ordinance abolishing the office of appointed auditor, there shall be a vacancy in the office of elected auditor, council shall fill the vacancies in the manner prescribed in section 901 (relating to filling vacancies in elective borough offices).

(8) To make, authorize and ratify expenditures for lawful purposes from funds available or from funds borrowed within legal limits.

(9) To pay authorized expenses incurred by elected and appointed borough officers in connection with their duties or other borough business. Cross References. Section 1005 is referred to in sections 806, 1059.11, 24A04 of this title.
8 Pa.C.S. § 2720.1 — PA Code / Title 8 / Chapter 27 / Section 2720.1
Maintenance by borough and tax levy.
Status: in_force

(a) Cost and expenses.--The cost and expenses of caring for shade trees after having been planted or transplanted and the expense of publishing any notice required by this subchapter shall be paid by the borough.

(b) Tax levy or appropriation.--Council may levy a general tax, not to exceed the sum of one-tenth of one mill on the dollar on the assessed valuation of the property in the borough

taxable for county purposes, for the purpose of defraying the cost and expenses of caring for the shade trees and the expense of publishing notices, or it may provide for the expense of the caring for trees already planted and of publishing the notice by appropriations. Cross References. Section 2720.1 is referred to in sections 1302, 2724.1 of this title.
8 Pa.C.S. § 3301.5 — PA Code / Title 8 / Chapter 33 / Section 3301.5
Codification of ordinances.
Status: in_force

(a) Consolidation, codification and revision.--The borough council, under section 3301.1(a) (relating to ordinances and resolutions), may:

(1) enact a consolidation, codification or revision of borough ordinances or recorded resolutions as a single ordinance of the borough; and

(2) enact a complete group ordinance, repealing or amending existing ordinances as necessary.

(b) Enactment.--For a consolidation, codification or revision under subsection (a), the following apply:

(1) The ordinance must be introduced in the council at least 30 days before its final enactment.

(2) At least 15 days before final enactment, notice of the introduction of the ordinance must be given by advertisement in a newspaper of general circulation. For enactment under subsection (a)(2), the notice must list, in lieu of a table of contents, the titles of each of the ordinances in the complete group.

(c) Subsequent notice.--When any consolidation, codification or revision under subsection (a) has been enacted as an ordinance, it shall not be necessary to advertise the entire text, but it shall be sufficient to publish a notice referring to notice under subsection (b)(2) and stating final enactment. (July 2, 2019, P.L.351, No.51, eff. 60 days) 2019 Amendment. Act 51 amended subsec. (a)(1).
8 Pa.C.S. § 21A05 — PA Code / Title 8 / Chapter 21 / Section 21A05
Assessment awards.
Status: in_force

In proceedings to assess benefits, if the land or property is both benefited and damaged by the public improvements, 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. Damages shall be calculated pursuant to 26 Pa.C.S. (relating to eminent domain).
8 Pa.C.S. § 1059 — PA Code / Title 8 / Chapter 10 / Section 1059
Auditors to settle accounts where witnesses do not appear.
Status: in_force

If any person in possession of documents relative to public accounts before auditors refuses to produce the same or if any officer whose accounts are to be settled and adjusted by the auditors refuses to appear or submit to examination as directed by this subchapter, the auditors or a majority of them may proceed, by the examination of witnesses and other evidence, to ascertain and settle, as near as may be, the amount of public money received by the officer and its application to public purposes or otherwise. Cross References. Section 1059 is referred to in section 1059.11 of this title.
8 Pa.C.S. § 202.2 — PA Code / Title 8 / Chapter 2 / Section 202.2
Advisability of incorporation, certification of question for referendum and decree.
Status: in_force

(a) Process.--After receiving the findings of fact and the advice of the committee, the court shall conduct a hearing. If, after the hearing, the court deems further investigation necessary to determine the advisability of incorporation, it may issue an order to obtain the additional information. When the court has obtained all reasonably necessary information and has determined that the conditions required under this section have been met, the court shall determine the desirability of the proposed incorporation based upon the following:

(1) The evidence submitted at the hearing and by the committee.

(2) Any additional information obtained after the hearing.

(3) Any other applicable factors the court deems relevant.

(b) Determination.--If the court determines that the desirability of the proposed incorporation is not supported by a preponderance of the evidence, the court shall enter a final decree denying the request of the petitioners, and no other proceedings may be held. If the court determines that the

desirability of the proposed incorporation is supported by a preponderance of the evidence, the court shall certify the question of the proposed incorporation to the board of election of the county for a referendum vote of the residents of the proposed borough. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners.

(c) Expenses.--The petition and the final decree granting or denying the petition shall be recorded in the recorder of deeds office of the county at the expense of the petitioners. The petitioners shall pay all other expenses and costs in connection with the proceedings.
8 Pa.C.S. § 1015 — PA Code / Title 8 / Chapter 10 / Section 1015
Witness fees and mileage.
Status: in_force

No individual residing outside the borough and subpoenaed under section 1014 (relating to hearings before council; witnesses) shall be required to respond to the subpoena until mileage to and from the borough at the rate established by the council under the act of July 20, 1979 (P.L.156, No.51), referred to as the Uniform Mileage Fee Law, and witness fees as required by law relating to witnesses have been paid.
8 Pa.C.S. § 2607 — PA Code / Title 8 / Chapter 26 / Section 2607
Public use preserved.
Status: in_force

No structure erected and no right granted under the powers conferred under this chapter shall interfere with the public use of wharves for waterborne commerce.
8 Pa.C.S. § 1194 — PA Code / Title 8 / Chapter 11 / Section 1194
Penalty.
Status: in_force

A member of council who, by vote, appoints any person to the police force or as a fire apparatus operator contrary to the provisions of this subchapter, or a member of council or member of the commission who willfully refuses to comply with or conform to the provisions of this subchapter, commits a misdemeanor and, upon conviction, shall be sentenced to pay a fine not exceeding $100 or to imprisonment not exceeding 90 days, or both.
8 Pa.C.S. § 817 — PA Code / Title 8 / Chapter 8 / Section 817
Vacancies created after a primary election.
Status: in_force

If a vacancy is created in the office of a member of council by any ordinance or decree of court as provided in this subchapter after a primary election, it may be filled by nomination made by the committee as is authorized by the rules of the party to make nominations in the event of vacancies on the party ticket.
8 Pa.C.S. § 21A07 — PA Code / Title 8 / Chapter 21 / Section 21A07
Payment of assessments in installments.
Status: in_force

(a) Installments.--If an ordinance is passed providing for a public improvement, the expense of which is to be defrayed by an assessment against properties benefited by the improvement, either by the front foot or benefit conferred method, the ordinance shall specify the length of time over which the installments may be extended and whether payments are to be made by equal annual or more frequent installments. If the provisions of section 21A01(b)(2) (relating to authority to assess) and this subsection conflict, the provisions of section 21A01(b)(2) shall prevail to the extent of the conflict.

(b) Commencement of payments and rate of interest.--The ordinance shall set a time when the installment payments shall commence and shall set forth the rate of interest for the installments which shall not be more than 6% per year.

(c) Installment agreement.--The borough shall enter into a written installment agreement with each property owner, subject

to the requirements of the ordinance pertaining to the agreements and this chapter.

(d) Unpaid installments.--If an installment remains unpaid for 60 days after it has become due and payable, the entire unpaid assessment, plus unpaid accrued interest and any costs, shall be due and payable, and the borough solicitor shall proceed to collect it by filing a lien in the same manner as municipal claims are filed or by action in assumpsit.

(e) Prepayment.--A property owner upon whom an assessment has been made may pay all or as many of the installments before they are due, with interest and costs to the due date of the next installment. Cross References. Section 21A07 is referred to in section 21A01 of this title.
8 Pa.C.S. § 10A04 — PA Code / Title 8 / Chapter 10 / Section 10A04
Salary of mayor.
Status: in_force

(a) General rule.--The salary of the mayor shall be established by ordinance and shall not exceed the following:

(1) In a borough with a population of less than 5,000, a maximum of $4,190 per year.

(2) In a borough with a population of 5,000 or more but less than 10,000, a maximum of $8,385 per year.

(3) In a borough with a population of 10,000 or more but less than 15,000, a maximum of $12,575 per year.

(4) In a borough with a population in excess of 15,000, a maximum of $840 per year per 1,000 residents or fraction of 1,000, the population to be determined by the latest official census figures.

(a.1) Treatment of benefits.--Benefits provided to the mayor under section 1202(26) (relating to specific powers) shall not be considered pay, salary or compensation, but payment for all or a part of the premiums or charges for the benefits shall be in accordance with section 1202(26).

(b) Change in salary.--A change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the mayor. (Oct. 31, 2024, P.L.1120, No.131, eff. 60 days) 2024 Amendment. Act 131 amended subsec. (a).
8 Pa.C.S. § 1707 — PA Code / Title 8 / Chapter 17 / Section 1707
Failure of council to hold hearing.
Status: in_force

If, after the filing of a petition under this chapter, council fails to hold a required hearing, an aggrieved party may file a mandamus action in the court of common pleas requesting that a hearing be held.
8 Pa.C.S. § 2204 — PA Code / Title 8 / Chapter 22 / Section 2204
Proceedings to assess damages.
Status: in_force

Any person aggrieved by any ordinance enacted or action taken pursuant to sections 2201 (relating to authority of boroughs), 2202 (relating to right of entry upon lands) and 2203 (relating to manner of financing work) may file a complaint with the court of common pleas to fix and determine the damages for property taken, injured or destroyed under 26 Pa.C.S. (relating to eminent domain).
8 Pa.C.S. § 25B08 — PA Code / Title 8 / Chapter 25 / Section 25B08
Exclusion from other laws.
Status: in_force

A borough may not be subject to requirements otherwise imposed by law for the sale of personal property owned by the borough when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."
8 Pa.C.S. § 200 — PA Code / Title 8 / Chapter 2 / Section 200
Definitions.
Status: in_force

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

"Committee." A borough advisory committee.

"Freeholder." A person enjoying a continuous right of ownership and possession of real property for an indeterminate period by fee simple or life estate.

"Township." A township of the first or second class or any home rule township. (June 5, 2020, P.L.211, No.28, eff. 60 days) 2020 Amendment. Act 28 amended the def. of "township." Special Provisions in Appendix. See section 4(3)(i) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 1310.1 — PA Code / Title 8 / Chapter 13 / Section 1310.1
Tax ordinance or resolution.
Status: in_force

After council has adopted the budget, it is the duty of the council to adopt a resolution levying the taxes referred to in this part for the fiscal year for taxes levied at the same rate as or a rate lower than the previous fiscal year, and to enact an ordinance if the tax rate increases from the previous fiscal year, subject to approval of the mayor or enactment over the mayor's veto under the procedure established in section 3301.3(c) (relating to enactment, approval and veto). (July 2, 2019, P.L.351, No.51, eff. 60 days) Cross References. Section 1310.1 is referred to in section 3301.3 of this title.
8 Pa.C.S. § 2023 — PA Code / Title 8 / Chapter 20 / Section 2023
Connections with sanitary sewers of adjacent municipalities.
Status: in_force

A borough may connect with an existing sanitary sewer, owned by an adjacent municipality, for sewerage purposes in the manner prescribed in sections 2024 (relating to applications to court), 2025 (relating to appointment of viewers) and 2026 (relating to report of viewers and appeals to court).
8 Pa.C.S. § 2401 — PA Code / Title 8 / Chapter 24 / Section 2401
Power to supply water and make regulations.
Status: in_force

(a) Supply of water.--Boroughs may supply water for the use of the public within the borough by constructing or purchasing and operating a water system, by entering into contract with persons or corporations authorized to supply water within the limits of the borough or partly by constructing or purchasing and operating a water system and partly by entering into a contract.

(b) Regulations.--Council may make regulations for the protection of water pipes, reservoirs and other apparatus used

in the supplying or storing of water, for the prevention of the waste of water supplied and for the drilling of water wells within the borough.

(c) Rates.--Council shall fix the rates to be charged for the water furnished to individuals, partnerships, associations or corporations and shall provide for the collection of water rents from users of water supplied by the borough. The borough's provision of water to users outside the borough limits as to character of service, extensions and rates shall be subject to any applicable approval, regulation or control imposed by 66 Pa.C.S. Pt. I (relating to Public Utility Code). Cross References. Section 2401 is referred to in section 2402 of this title.
8 Pa.C.S. § 10A05 — PA Code / Title 8 / Chapter 10 / Section 10A05
Salaried mayor not to receive certain fees.
Status: in_force

(a) General rule.--Except as provided in subsection (b), any salary paid under an ordinance shall be in lieu of all costs and fees allowed by a mayor. Costs and fees shall be collected by the mayor and deposited into the borough treasury.

(b) Marriage ceremony fees.--

(1) Nothing in this part shall be construed to prevent a mayor from receiving a monetary fee for the performance of a marriage ceremony in this Commonwealth, if the fee does not exceed $150 for each ceremony performed.

(2) Prior to performing these ceremonies, the mayor shall notify council in writing of the mayor's intention to perform marriage ceremonies.

(3) The notification to council shall remain in effect for the term of the mayor or until the notification is rescinded by the mayor.

(4) The mayor shall maintain accurate accounts of the fees received relating to the performance of marriage ceremonies and provide council each quarter with a report of money received for that period. The quarterly report shall include the amount of money received and the names of persons from whom money was received, along with the date and the location of the performed ceremony, and the quarterly report shall be considered a public record.

(5) The receipt of a fee under this subsection shall not be considered a violation of 65 Pa.C.S. Ch. 11 (relating to ethics standards and financial disclosure) and shall not be considered compensation under this part. Cross References. Section 10A05 is referred to in section 10A07 of this title.
8 Pa.C.S. § 818 — PA Code / Title 8 / Chapter 8 / Section 818
Change in number of members of council.
Status: in_force

(a) Petition by electors.--The court of common pleas shall, upon petition of at least 5% of the registered electors of any borough not divided into wards, certify the question of a proposal to reduce the total number of members of council for the borough to five or three or increase the total number of members of council for the borough to five or seven, as specified by the petition, to the board of election of the county for a referendum vote of the residents at the next general election held not sooner than the thirteenth Tuesday after the date of the petition. The sufficiency of the number of signers to the petition shall be ascertained as of the date when the petition is presented to court. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners. A petition under this section may not be considered more than once in five years.

(b) Notice.--(Deleted by amendment).

(c) Number to be elected by decree.--In its decree under subsection (a), the court shall establish a schedule for the subsequent election of council members at the next two municipal elections. The members of council then in office shall remain in office until the end of their respective terms. Thereafter, the schedule may provide that the initial term of one or more of the council members subsequently elected be reduced to accommodate a schedule of staggered at-large elections to eventually ensure that, as nearly as possible, one-half of the members of council elected will be elected at each municipal

election. At all following municipal elections, the proper number of members of council shall be elected to correspond to the number of members of council whose terms are to expire the first Monday of the following January.

(d) (Reserved).

(e) Terms.--In any borough in which, under this section, the number of members of council shall be reduced or increased, the members of council then in office shall remain in office until the end of their respective terms. (June 5, 2020, P.L.211, No.28, eff. 60 days; Mar. 28, 2024, P.L.2, No.2, eff. 60 days) Cross References. Section 818 is referred to in section 806 of this title.
8 Pa.C.S. § 1059.10 — PA Code / Title 8 / Chapter 10 / Section 1059.10
Penalty for failure to comply with law.
Status: in_force

(a) Neglect.--An auditor neglecting or refusing to comply with this chapter commits a summary offense.

(b) Financial interest.--An auditor who is financially interested, directly or indirectly, in a borough transaction commits a summary offense.
8 Pa.C.S. § 3301.2 — PA Code / Title 8 / Chapter 33 / Section 3301.2
Publication.
Status: in_force

(a) Requirements.--Except as provided under this part or other law, council shall publish every proposed ordinance once in one newspaper of general circulation no less than seven days and no more than 60 days prior to the day when council shall vote on the proposed ordinance. Publication of any proposed ordinance shall include all of the following:

(1) The full text or the title of the ordinance and a brief summary prepared by the borough solicitor setting forth all the provisions in reasonable detail.

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

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

(1) The newspaper in which the proposed ordinance is published shall, upon request, be furnished a copy of the full text.

(2) The following shall apply:

(i) In addition to copies of the full text of the proposed ordinance retained where borough records are kept in accordance with subsection (a), an attested copy of the full text shall be filed in the county law library or other county office designated by the county commissioners.

(ii) The county commissioners may impose a fee not greater than the actual costs of storing the proposed ordinance.

(iii) Filing with the county may be completed by the submission of an electronic copy of the ordinance through a method available, in the sole discretion of the county, to permit receipt by the office storing municipal ordinances.

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

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

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

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

(c) Notice of amendments.--If substantial amendments are made in the proposed ordinance before voting upon enactment, council shall, within ten days, readvertise in one newspaper of general circulation a brief summary setting forth all the provisions in reasonable detail together with a summary of the amendments. A copy of the full text of the amended proposed ordinance shall be retained where borough records are kept. (Mar. 28, 2024, P.L.2, No.2, eff. 60 days)

2024 Amendment. Act 2 amended subsec. (a). Special Provisions in Appendix. See section 4(3)(xviii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
8 Pa.C.S. § 1171 — PA Code / Title 8 / Chapter 11 / Section 1171
Appointments of police and fire apparatus operators.
Status: in_force

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

(1) a borough that has a police force of less than three members;

(2) a borough that has a police force of three or more members if those members in excess of two are appointed on a temporary basis through a federally funded program;

(3) a volunteer fire department or company that employs its own operators; or

(4) a borough that has less than three salaried fire apparatus operators.

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

(c) Appointments and promotions.--An appointment to and promotion in the police force or as fire apparatus operator paid directly by a borough and in the borough shall be made only according to qualifications and fitness, to be ascertained by examinations which shall be competitive as provided in this part.

(d) Suspension, removal and reduction in rank.--No person shall be suspended, removed or reduced in rank as a paid employee in any police force or as a paid fire apparatus operator of a borough, except in accordance with this subchapter.

(e) Retirement.--Nothing in this subchapter shall apply to retirement, nor shall anything in this subchapter be construed to prevent a borough from adopting a compulsory retirement age for its employees or for any class of employees and from retiring all employees automatically when they reach that age.
8 Pa.C.S. § 4 — PA Code / Title 8 / Chapter 4 / Section 4
Continuation of prior law.
Status: in_force

The addition of 8 Pa.C.S. Pt. I is a continuation of the act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code. The following apply:

(1) Except as otherwise provided in 8 Pa.C.S. Pt. I, all activities initiated under The Borough Code shall continue and remain in full force and effect and may be completed under 8 Pa.C.S. Pt. I. Orders, regulations, rules and decisions which were made under The Borough Code and which are in effect on the effective date of section 3(2) of this act shall remain in full force and effect until revoked, vacated or modified under 8 Pa.C.S. Pt. I. Contracts, obligations and collective bargaining agreements entered into under The Borough Code are not affected nor impaired by the repeal of The Borough Code.

(2) Except as set forth in paragraph (3), any difference in language between 8 Pa.C.S. Pt. I and The Borough 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 Borough Code.

(3) Paragraph (2) does not apply to the addition of the following provisions of 8 Pa.C.S.:

(i) The definition of "freeholder" in section 200.

(ii) Section 202(a)(3).

(iii) Section 210(a).

(iv) Section 801.

(v) Section 901(a.1).

(vi) Section 902.

(vii) Section 904.1.

(viii) Section 1104(a) and (f)(3).

(ix) Section 1121(a)(5).

(x) Section 1202(20), (23), (35), (46) and (60).

(xi) Section 1302(a)(10).

(xii) Section 1315(a)(4).

(xiii) Section 21A06.

(xiv) Section 2456(b)(3).

(xv) Section 2701(e).

(xvi) Section 2708(b).

(xvii) Section 3301.1(b)(5).

(xviii) Section 3301.2(a)(2), (b)(2) and (c). Explanatory Note. Act 37 added Part I of Title 8 and amended section 7132 of Title 44.
8 Pa.C.S. § 1062 — PA Code / Title 8 / Chapter 10 / Section 1062
Salary of controller.
Status: in_force

The council shall fix the annual salary of the controller. Any change in salary, compensation or emoluments of the elected office shall become effective at the beginning of the next term of the controller.
8 Pa.C.S. § 3106 — PA Code / Title 8 / Chapter 31 / Section 3106
Powers and duties of board.
Status: in_force

(a) Powers.--A board has the following powers to:

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

(2) Appoint a health officer. A health officer must have experience or training in public health work and must, within six months of taking the oath of office, be certified for the office of health officer by the department.

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

(4) Mark infected premises.

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

(1) A statute.

(2) A regulation of the department.

(3) An ordinance of the borough. Cross References. Section 3106 is referred to in section 3107 of this title.
8 Pa.C.S. § 1055 — PA Code / Title 8 / Chapter 10 / Section 1055
Subpoenas, oath and perjury.
Status: in_force

(a) Subpoenas.--A majority of the auditors of any borough shall have the power to issue subpoenas to obtain the attendance of the persons whose accounts they are required to adjust, their executors and administrators, and of any persons whom it may

be necessary to examine as witnesses and to compel their attendance, and may also compel the production of all documents, including books, vouchers and papers relative to borough accounts. If any person refuses or neglects to appear, to produce documents or to testify, the auditors shall petition the court of common pleas of the county to issue a subpoena to the person and to require the person to produce documents or to appear and to testify before the court. The court shall issue the subpoena if it deems the documents or testimony relevant to the issue.

(b) Oaths.--The auditors of any borough shall have power to administer oaths and affirmations to all persons brought or appearing before them, whether accountants, witnesses or otherwise. Persons guilty of swearing or affirming falsely on the examination commits perjury. Cross References. Section 1055 is referred to in section 1059.11 of this title.
8 Pa.C.S. § 1403 — PA Code / Title 8 / Chapter 14 / Section 1403
Evasion of advertising requirements.
Status: in_force

(a) Prohibition.--

(1) No member of council may evade section 1402 (relating to regulation of contracts) as to advertising for bids by purchasing or contracting for services and personal properties piecemeal for the purpose of obtaining prices under the amount specified or adjusted under section 1402(a) upon transactions, which transactions should, in the exercise of reasonable discretion and prudence, be conducted as one transaction amounting to more than the amount specified or adjusted under section 1402(a).

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

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

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

(b) Penalty.--Any council member who votes to unlawfully evade the provisions of section 1402 and knows that the transaction upon which the member voted is or should be a part of a larger transaction and is being divided in order to evade the requirements as to advertising for bids commits a misdemeanor of the third degree for each contract entered into as a direct result of that vote. The penalty under this subsection shall be in addition to a surcharge that may be assessed under subsection (a).
8 Pa.C.S. § 29A02 — PA Code / Title 8 / Chapter 29 / Section 29A02
Land for armory purposes.
Status: in_force

(a) Authority.--Except as set forth in subsection (b), the council may acquire, by purchase or by gift or by the right of eminent domain, land for the use of the Pennsylvania National Guard, to be conveyed to the Commonwealth in order to assist the State Armory Board in the erection of armories.

(b) Exception.--The power under subsection (a) may not be exercised to take any of the following:

(1) Church property.

(2) A graveyard or cemetery.

(3) A dwelling house or the curtilage of property:

(i) designated in paragraph (1) or (2); and

(ii) in the actual occupancy of the owner.
8 Pa.C.S. § 1704 — PA Code / Title 8 / Chapter 17 / Section 1704
Streets connecting with street of other municipality.
Status: in_force

No action may be taken under this chapter that would result in the change of location or grade or the vacation of a street or portion thereof that connects with a street of another municipality, without approval of the court of common pleas of the county in which the municipality is located, unless the municipality first files with the borough secretary its approval of the proposed action.
8 Pa.C.S. § 1185 — PA Code / Title 8 / Chapter 11 / Section 1185
Age and residency of applicants.
Status: in_force

No person shall be eligible to apply for examination unless the person is at least 18 years of age at the date of

application. An applicant need not be a resident of the borough. The council of the borough may authorize the commission, by rule or regulation, to require police officers and paid fire apparatus operators to become residents of the borough after appointment to the positions.
8 Pa.C.S. § 903 — PA Code / Title 8 / Chapter 9 / Section 903
Right of council to declare seat of member vacant for failure to qualify.
Status: in_force

If an individual, elected or appointed as a member of council and notified of election or appointment refuses or neglects to qualify as a member of council within ten days following the beginning of the individual's term of office, unless prevented by sickness or necessary absence from the borough, the council, acting without the individual, may declare the individual's office as member of council vacant and may fill the vacancy as provided in section 901 (relating to filling vacancies in elective borough offices). For these actions, a majority of the remaining members of the council shall constitute a quorum.

Cross References. Section 903 is referred to in section 1003 of this title.