reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2408 - Assessment for water mains

§ 2408. Assessment for water mains.
Boroughs shall have power to assess the whole cost or any part of the cost of construction of new water mains built in connection with the establishment or extension of a municipally owned water supply system in accordance with Chapter 21A (relating to assessments and charges for public improvements), notwithstanding if the mains are located within or without the limits of the borough.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2409 - Sale of water system

§ 2409. Sale of water system.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2411 - Appropriation of lands and waters

§ 2411. Appropriation of lands and waters.
A borough desiring to build a water system or to improve its water supply may appropriate springs, streams, rivers or creeks and lands, easements and rights-of-way, within or without its limits. If the appropriation is outside its limits, the appropriation shall be in compliance with 26 Pa.C.S. § 206 (relating to extraterritorial takings). For the purpose of conducting water obtained outside its limits, a borough may lay pipes under and over any lands, rivers, streams, bridges, highways and under railroads. No water appropriated under this section shall be used in a manner as to deprive the owner of the water of the free use and enjoyment of the water for domestic or farm purposes. The exercise of the powers in this section shall be subject to any required approvals or permits from the Department of Environmental Protection or other Federal or State entity.
Cross References.
Section 2411 is referred to in section 2412 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2412 - Agreements as to damages

§ 2412. Agreements as to damages.
Prior to any appropriation under section 2411 (relating to appropriation of lands and waters), the borough shall attempt to agree with the owner as to the damage done or likely to be done. If the parties cannot agree, the borough shall proceed pursuant to 26 Pa.C.S. (relating to eminent domain).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2421 - Petition to court

§ 2421. Petition to court.
If a borough desires to own and operate a water system owned by any person, firm or corporation, the borough may present its petition to the court of common pleas of the county where the water system is located, setting forth that:
(1) The borough desires to own the water system.
(2) It will be necessary to issue bonds.
(3) A value should be placed upon the water system, including all property, real and personal, used in connection with the water system.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2422 - Appointment of appraisers

§ 2422. Appointment of appraisers.
(a) Valuation.--
The court of common pleas shall appoint three civil engineers as appraisers to value and appraise:
(1) The water system.
(2) The property used in connection with the water system.
(3) The contracts or agreements with municipalities.
(b) Report.--
The civil engineers shall file their report in the court within three months after their appointment unless the time is extended by the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2423 - Powers of appraisers

§ 2423. Powers of appraisers.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2424 - Appeal from appraisement

§ 2424. Appeal from appraisement.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2425 - Authority to purchase and consent to sell

§ 2425. Authority to purchase and consent to sell.
(a) Authority to purchase.--
After the value is finally determined, the borough is authorized to buy the water system at the valuation fixed.
(b) Consent to sell.--
The person, firm or corporation owning the water system shall, within ten days after notice, file in the court of common pleas its consent to sell and convey its water system and property to the borough at the valuation fixed. In default of the filing of the consent, the person, firm or corporation shall cease to have any exclusive privilege of supplying the borough or the citizens of the borough with water, and the borough may install the water system as may be necessary for the accommodation of the public.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2426 - Bond issue and limitations

§ 2426. Bond issue and limitations.
(a) Bond issue.--
For the purpose of purchasing a water system, the borough may issue utility bonds in the manner provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).
(b) Limitations.--
The bonds shall not exceed in amount the value fixed by the appraisers or the court of common pleas. The proceeds of the sale of the bonds shall be used exclusively for the purpose of paying for the property acquired.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2437 - Permits

§ 2437. Permits.
The construction of a water system shall be commenced only after plans for the water system have been filed with the Department of Environmental Protection and, if required by law, other Federal or State entities and permits issued in accordance with law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2438 - Joint commission

§ 2438. Joint commission.
(a) General rule.--
The municipal corporations joining in the construction or acquisition and maintenance of a water system may, by ordinance, provide for the appointment of a joint commission of a water system in order to facilitate the construction, operation and maintenance of the water system and to secure preliminary surveys and estimates.
(b) Function.--
The joint commission shall act generally as the advisory and administrative agency in the construction of the improvement and its subsequent operation and maintenance.
(c) Composition.--
The joint commission shall be composed of one representative from each of the joining municipal corporations.
(d) Term of members.--
The members of the joint commission shall serve for terms of six years each from the dates of their respective appointments and until their successors are appointed.
(e) Officers.--
The joint commission shall organize by the election of a chair, secretary and treasurer. The secretary and treasurer may be the same person.
(f) Ordinance provisions.--
The municipal corporations may, in the ordinances creating the joint commission, authorize it to appoint an engineer, a solicitor and other assistants as are deemed necessary and agree to share the compensation for attending its meetings as shall be fixed in the budget prepared by the commission and submitted to and adopted by the joining municipal corporations.
(g) Compensation limitation and expenses.--
The budget item providing for the compensation to the members for attending meetings shall not exceed $500 per year, but members shall be entitled to actual expenses to be paid by the respective municipal corporations that the members represent. The fee for each attendance at meetings shall be stipulated, and no member shall be paid a fee for any meeting the member does not attend.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2441 - Acquisition of land

§ 2441. Acquisition of land.
(a) Acquisition for construction of roads.--
If a borough finds it necessary, when storing water for supply to the public, to occupy and overflow portions of any public road with water or if any public road leads into or crosses over any reservoir used for the storage of water, the borough shall, at its own expense, reconstruct or build a road in a favorable location, which shall be in the same or better condition as the original road. A borough is authorized to condemn land for these purposes if an agreement as to price cannot be reached with the landowner.
(b) Land outside borough limits.--
A condemnation of land outside the borough limits shall be in conformity with 26 Pa.C.S. § 206 (relating to extraterritorial takings).
(c) Acquisition to prevent contamination.--
A borough may acquire, by purchase or condemnation, land along and contiguous to streams of water or reservoirs from which water is taken for public use if necessary to preserve the water from contamination.
Cross References.
Section 2441 is referred to in section 2442 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2442 - Filing maps and plans

§ 2442. Filing maps and plans.
If a change is made under section 2441(a) (relating to acquisition of land), the borough shall file in the court of common pleas a map or plan showing the change of road, and, if the road is outside the limits of the borough, it shall furnish to the governing body of the municipal corporation a copy of the map.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2451 - Commission

§ 2451. Commission.
(a) Establishment.--
If a borough owns and maintains a water system, there may be established in the borough, by ordinance, a commission of the water system, which shall have the power of a nonprofit corporation, to be composed of either three or five citizens of the borough appointed by the council, who shall be known as commissioners of the water system.
(b) Abolishment.--
At any time after three years from the first appointment of the commissioners of the water system, the borough may abolish the commission by repealing the ordinance establishing the commission, which shall terminate the terms of the commissioners then in office.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2452 - Terms of commissioners and compensation

§ 2452. Terms of commissioners and compensation.
(a) General rule.--
If a borough establishes a commission of the water system, it shall be the duty of the council to appoint the commissioners of the water system.
(b) Commissions with three commissioners.--
If there are three commissioners, one shall be appointed to serve for one year, one for two years and one for three years. Annually thereafter, the council shall appoint one commissioner of the water system to serve a term of three years.
(c) Commissions with five commissioners.--
If there are five commissioners, one shall be appointed to serve for one year, one for two years, one for three years, one for four years and one for five years. Annually thereafter, the council shall appoint one commissioner of the water system to serve a term of five years.
(d) Vacancy.--
In case of a vacancy, the council shall fill the vacancy for the unexpired term.
(e) Salary and expenses.--
The commissioners of the water system may receive a salary for their services and shall be reimbursed by the borough for all expenses necessarily incurred in the performance of their duties.
(f) Salary limitations.--
The salary of the commissioners shall not exceed the following:
(1) In service areas with fewer than 5,000 metered accounts, a maximum of $1,875 per year or $156.25 per month.
(2) In service areas with 5,000 but fewer than 10,000 metered accounts, a maximum of $2,500 per year or $208.33 per month.
(3) In service areas with 10,000 but fewer than 15,000 metered accounts, a maximum of $3,250 per year or $270.83 per month.
(4) In service areas with 15,000 but fewer than 25,000 metered accounts, a maximum of $4,125 per year or $343.75 per month.
(5) In service areas with 25,000 but fewer than 35,000 metered accounts, a maximum of $4,375 per year or $364.58 per month.
(6) In service areas with 35,000 or more metered accounts, a maximum of $5,000 per year or $416.67 per month.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2454 - Powers of commission

§ 2454. Powers of commission.
After organization, the commissioners shall take charge and control of the water system of the borough. The commission shall have the following powers:
(1) To appoint all necessary officers and agents and take from the officers and agents security for the faithful performance of their duties as the commission deems proper.
(2) To fix the salaries and wages of the officers and agents.
(3) To provide for the repair, extension, improvement and maintenance of the water system and the construction of a new water system.
(4) To collect water rents.
(5) To make and establish the rates and conditions upon which water will be furnished to applicants, subject to any applicable approval, regulation or control imposed by 66 Pa.C.S. Pt. I (relating to Public Utility Code).
(6) To make bylaws and regulations for the economic and efficient management of the water system, which shall not be inconsistent with any of the laws of this Commonwealth or the rules and regulations of the Department of Environmental Protection. No bylaws or regulations shall become effective until they have been approved by the council and enacted as ordinances of the borough.
Cross References.
Section 2454 is referred to in section 2458 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2455 - Issue of bonds

§ 2455. Issue of bonds.
The borough may, upon the request of the commissioners of the water system, issue general obligation or nondebt revenue bonds for the extension of the water system or the erection of a new water system. The bonds shall be designated "water system bonds" and shall be issued and sold in the manner provided by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2456 - Preparation of plans and specifications and contracts

§ 2456. Preparation of plans and specifications and contracts.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2457 - Reports by commission

§ 2457. Reports by commission.
The commissioners shall make a monthly report to the council of the receipts and disbursements during the preceding month and annually make a detailed report of the condition of the water system. Both the monthly and annual reports shall be deemed to be public records.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2458 - Care of funds

§ 2458. Care of funds.
(a) Collectors.--
Collectors shall be appointed by the commissioners, in accordance with section 2454 (relating to powers of commission), who shall collect all money for water rents.
(b) Deposits.--
The money collected shall be deposited weekly with the borough treasurer who shall return a receipt to the commissioners.
(c) Use.--
All money collected shall be kept in a separate fund and shall be used for the purpose of repairing, maintaining and extending the water system and the construction of a new water system. All money remaining after the expenditures shall be used solely for the payment of any indebtedness on the water system and any indebtedness incurred by the borough for constructing, maintaining, improving, enlarging or extending the water system.
(d) Withdrawals.--
No money shall be drawn from the fund except upon order countersigned by the president and secretary of the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2461 - Ordinance

§ 2461. Ordinance.
(a) General rule.--
Council may, by ordinance, require any owner of property to connect with and use a water system of the borough or municipal authority or a joint water board in either of the following cases:
(1) Except as provided in subsection (b), if the property owner's principal building is located within 150 feet of a water system or any part or extension of the system.
(2) If the property owner's principal building has no supply of water which is safe for human consumption.
(b) Exception.--
A property owner who after July 16, 2012, is subject to mandatory connection under subsection (a)(1) shall not be required to connect to the water system in accordance with subsection (a) if all of the following conditions exist:
(1) The water system or part or extension of the system that is within 150 feet of the principal building was in existence on July 16, 2012.
(2) The principal building has its own supply of water which is safe for human consumption.
(3) Prior to July 16, 2012, the property owner was not required to connect to the existing system.
(c) Backflow prevention.--
A borough may require any owner of property to install and maintain a backflow prevention device based on the degree of potential hazard of the connected property in accordance with the Pennsylvania Construction Code and regulations promulgated under that act.
(d) Penalties.--
A borough may assess penalties for the violation of ordinances pertaining to water connections or backflow prevention devices.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2462 - Notice and failure to make required connection

§ 2462. Notice and failure to make required connection.
An owner shall be given at least 45 days' notice of any ordinance requiring a water connection, and, upon failure of the owner to make the required connection, the borough may make the connection and collect the cost from the owner by a municipal claim or in an action of assumpsit. All connections required shall be uniform.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2463 - Water main tapping fees

§ 2463. Water main tapping fees.
(a) General rule.--
A borough may, by ordinance, provide for charging a tapping fee calculated in accordance with 53 Pa.C.S. § 5607 (relating to purposes and powers) if the owner of any property connects the property with a water main constructed or acquired by the borough. The tapping fee shall be in addition to any charges assessed and collected against the property in the construction or acquisition of the water main by the borough.
(b) Refund.--
If a water main or part or extension owned by a borough has been constructed by the borough at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the borough at the expense of the private person or corporation, the borough shall have the right to charge a tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and refund the tapping fee or any part of the tapping fee to the person or corporation who has paid for the construction of the water main or any part or extension. The total of the refunds shall never exceed the cost of the system or any part or extension to the person or corporation paying for the construction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24A - Manufacture and Supply of Electricity › Section 24A01 - Definitions

§ 24A01. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Municipal power agency."
A separate body politic and corporate under the laws of this Commonwealth created by agreement between or among two or more boroughs pursuant to section 24A04 (relating to municipal power agencies).
"Project."
Electric plants, hydroelectric plant works, system, facilities or real or personal property, together with their parts and appurtenances, used or useful in connection with the generation, production, transmission, purchase, sale, exchange or interchange of electric power or energy, or any interest therein or right to capacity thereof.
"Revenue bond."
An instrument imposing an obligation for the repayment of money borrowed, payable as to both principal and interest exclusively from the income and revenues derived from an interest in an electric plant or project.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24A - Manufacture and Supply of Electricity › Section 24A02 - General powers

§ 24A02. General powers.
(a) Electric plants and projects.--
A borough may, either singly or jointly, manufacture or purchase electricity for the use of its inhabitants and own, construct, acquire by lease, purchase or otherwise gain an interest in, operate and manage or cause to be operated and managed an electric plant or project located within or without this Commonwealth. In the exercise of these powers, a borough may join with any other borough, political subdivision, agency or instrumentality of the Federal Government, State government, political subdivision of another state, private corporation empowered to supply electricity, electric cooperative corporation formed under 15 Pa.C.S. Ch. 73 Subchs. A (relating to preliminary provisions) and B (relating to powers, duties and safeguards) or previously formed under the former act of June 21, 1937 (P.L.1969, No.389), known as the Electric Cooperative Corporation Act, or an electric cooperative corporation in another state.
(b) Contracts for supplying electricity.--
A borough owning or operating an electric plant may make contracts for supplying electricity for commercial purposes outside the limits of the borough if the borough has received the consent of the other municipal governing body and, if applicable, subject to 66 Pa.C.S. Pt. I (relating to Public Utility Code).
(c) Additional sources.--
A borough may conduct studies as necessary to determine the feasibility and cost of any additional sources and supplies of electric power and energy and may cooperate with private power companies, other boroughs, electric cooperative corporations and other public or private electric power entities, within or without this Commonwealth, in the development of electric power and energy.
(d) Consent of borough to supply electricity.--
No person, partnership or corporation may introduce electric current for light, heat or power purposes, without the consent of the council, into the limits of any borough that is furnishing electric current to its inhabitants. This subsection shall not apply to any person, partnership or corporation manufacturing electricity exclusively for its own use.
(e) Corporate rights.--
Nothing in this chapter may conflict with the corporate rights of a corporation empowered to supply electricity in the territory adjacent to the borough or with the rights of any other municipality.
(f) Restrictions.--
A borough shall not become a stockholder in, obtain or appropriate money for or loan its credit to a corporation, association, institution or individual or otherwise act contrary to the provisions of section 9 of Article IX of the Constitution of Pennsylvania.
(g) General powers.--
A borough, through its governing body, shall have the power to do and accomplish all actions reasonably necessary and incident to the administration, operation and management of a plant or project.
Cross References. Section 24A02 is referred to in sections 24A03, 24A05 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 25 - (Reserved) › Extra - Chapter Notes

Enactment.
Chapter 25 (Reserved) was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Enactment.
Chapter 25A was added April 18, 2014, P.L.432, No.37, effective in 60 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 25A - Airports › Section 25A01 - Authority to secure lands for airports

§ 25A01. Authority to secure lands for airports.
A borough is authorized and empowered to acquire by lease, purchase or condemnation any land lying either within or without the limits of the borough which, in the judgment of the council, may be necessary and desirable for the purpose of establishing and maintaining municipal airport facilities. The proceedings for the condemnation of land under the provisions of this chapter and for the assessment of damages for property taken, injured or destroyed shall be conducted in the manner provided by 26 Pa.C.S. (relating to eminent domain). The title acquired by the borough exercising the power of condemnation shall be a title in fee simple.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 25A - Airports › Section 25A02 - Authority to establish and lease airports

§ 25A02. Authority to establish and lease airports.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 25A - Airports › Section 25A03 - Joint airports

§ 25A03. Joint airports.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 26 - Wharves and Docks › Section 2601 - Powers

§ 2601. Powers.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 26 - Wharves and Docks › Section 2603 - Proceedings

§ 2603. Proceedings.
The proceedings before the viewers for the assessment of damages for property taken, injured or destroyed under this chapter and the proceedings on their report shall be as provided in 26 Pa.C.S. (relating to eminent domain). The costs of all proceedings, including the compensation of the viewers, shall be paid by the borough.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 26 - Wharves and Docks › Section 2604 - Assessment of damages

§ 2604. Assessment of damages.
(a) General rule.--
The damages for the taking or injury of any property for use as a wharf, pier or bulkhead shall include full compensation for the value of the property taken or injured.
(b) Partial taking.--
If the property taken or injured shall constitute a part of a plant used as an entirety, the damage to the owner or tenant shall be assessed by taking the difference in market value of the plant as a whole, including buildings and all equipment installed and used in the plant, before and after taking or injury, and notwithstanding that part of the plant may be separated by a street or highway.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 26 - Wharves and Docks › Section 2606 - Market houses, terminal sheds, tracks and facilities

§ 2606. Market houses, terminal sheds, tracks and facilities.
(a) Market houses and terminal sheds.--
Boroughs may erect and maintain market houses and terminal sheds on wharves for the receipt and distribution of freight and express.
(b) Tracks and facilities.--
Boroughs may construct railroad and street railway tracks or other facilities on wharves to provide for the convenient hauling of freight or express matter and may collect rents, tolls or charges for the use of market houses, terminal sheds, tracks and facilities. No permit other than a license revocable at will shall be granted, and no exclusive permit for the use of the facilities shall be granted.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 26 - Wharves and Docks › Section 2608 - Saving clause

§ 2608. Saving clause.
Nothing contained in this chapter shall be construed as conferring upon boroughs any power conferred by existing law on the Navigation Commission for the Delaware River and its Navigable Tributaries or to permit boroughs to do any act or to enact any ordinance inconsistent with the laws, rules and regulations relating to the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Extra - Chapter Notes

Enactment.
Chapter 27 was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Cross References.
Chapter 27 is referred to in section 1202 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2700 - Definitions

§ 2700. Definitions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2701 - General powers

§ 2701. General powers.
(a) General rule.--
A borough may provide, improve, maintain and regulate recreation places within the borough limits or in any adjacent municipal corporation if the other municipal corporation shall, by ordinance, signify its consent to the provision, improvement, maintenance or regulation.
(b) Acquisition.--
A borough may enter upon, appropriate and acquire by gift, devise, purchase, lease or otherwise private property or may designate and set apart any lands or buildings owned by the borough and not dedicated or devoted to other public uses for the purpose of making, enlarging and maintaining recreation places.
(c) Joint action.--
A borough may join with one or more political subdivisions to acquire, create, equip, improve, regulate, maintain and operate any recreation place in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).
(d) Limitation.--
No borough, acting individually or jointly, may acquire private property within the limits of another municipal corporation for the purposes designated in this section without the consent of the governing body of the municipal corporation in which the property is located in accordance with 26 Pa.C.S. (relating to eminent domain).
(e) Expenses.--
All expenses incurred in the maintenance, improvement, acquisition or operation of recreation places, as provided in this section, shall be payable from the treasury of the borough or the borough and other political subdivisions as may be provided for by agreement of the governing bodies. The council may annually appropriate, and cause to be raised by taxation as provided under section 1302(a)(10) (relating to tax levy), an amount necessary for the purpose of maintaining and operating recreation places or for paying its share of the amount.
Special Provisions in Appendix.
See section 4(3)(xv) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.
Cross References.
Section 2701 is referred to in section 1302 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2702 - Power to acquire

§ 2702. Power to acquire.
(a) Authority.--
A borough may enter upon, appropriate and acquire by gift, devise, purchase, lease or otherwise private property within the limits of the borough or in any adjacent township. A borough may designate and set apart any lands or buildings owned by the borough and not dedicated or devoted to other public uses.
(b) Joint acquisition.--
Two or more boroughs may jointly appropriate and acquire by gift, devise, purchase, lease or otherwise private property within the limits of any township adjacent to any of the boroughs for the purpose of making, enlarging and maintaining recreation places. All the costs and expenses relative to the property acquired by two or more boroughs jointly shall be paid by the respective boroughs in the proportions as may be agreed upon by the respective councils.
(c) Private property of other borough or city.--
Any borough may likewise acquire private property within the limits of another borough or city for the purposes designated in this section if the other borough or city shall, by ordinance, signify its consent to the acquisition.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2703 - Appropriation of private property

§ 2703. Appropriation of private property.
The appropriation of private property for the purpose of making, enlarging and maintaining recreation places is declared to be the taking of private property for public use, and, for all damage suffered by the owners of any property taken in that manner, the funds of the borough raised by taxation shall be pledged as security. The proceedings for the taking of private property and the assessment of damages for private property taken, injured or destroyed under this chapter shall be as provided in 26 Pa.C.S. (relating to eminent domain).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2708 - Recreation board or other authority

§ 2708. Recreation board or other authority.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2709 - Establishment of recreation board

§ 2709. Establishment of recreation board.
(a) Establishment.--
If the council determines that the power to equip, operate and maintain recreation places shall be exercised by a recreation board, the council may, by ordinance, establish in the borough a recreation board which shall possess those powers and duties as may be delegated to it by ordinance.
(b) Composition.--
The board shall consist of a minimum of five and a maximum of nine persons. Two of the members may be members or appointees of the school board of the school district in which the borough is located. If the board consists of seven members, three of the members may be members or appointees of the school board. The borough members of the board shall be appointed by the council and shall serve terms not longer than five years. The terms of the members shall be staggered in a manner that at least one member's term expires annually.
(c) Compensation.--
Members of the board shall serve without pay.
(d) Vacancies.--
Vacancies in the board, occurring otherwise than by expiration of term, shall be filled for the unexpired term in the same manner as original appointments.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2710 - Organization of board and employees

§ 2710. Organization of board and employees.
The members of a recreation board established under this chapter shall elect their own chair and secretary and select all other necessary officers to serve for a period of one year. The recreation board may, with the approval of council, establish employment positions and hire employees to fill the approved positions. The board shall have power to adopt rules and regulations for the conduct of all business within its jurisdiction.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2713 - Lease for school athletics

§ 2713. Lease for school athletics.
(a) Lease.--
A borough maintaining a recreation place may lease a recreation place, or a portion of a recreation place, suitable for athletic sports and athletic games to any school board or school athletic association organized by a school board and organized for the purpose of conducting amateur athletic sports and games among pupils of the public school.
(b) Admission charge.--
The borough maintaining a recreation place may permit a school board or school athletic association to charge admission to sports and games and to deny persons refusing to pay admission access to the grounds where sports or games are being conducted, if sports and games are not conducted for individual profit.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2720 - Care, custody and control

§ 2720. Care, custody and control.
(a) Council authority.--
Council shall have exclusive care, custody and control of shade trees in the borough. Council may:
(1) Plant, transplant, remove, maintain and protect shade trees on the streets and highways in the borough.
(2) Employ and pay persons and make and enforce regulations as may be necessary for the care and protection of the shade trees of the borough.
(b) Planting, transplanting or removal.--
Council may, by ordinance, and with or without the petition of a majority of the property owners, upon any public street in the borough, plant, transplant or remove shade trees. Council may, with or without petition, require the planting and replanting of suitable shade trees along and upon the sides of the streets, upon alignment and at points as may be designated by ordinance, by the owners of property abutting the street at the points designated.
(c) Limitation.--
Nothing in this part may authorize council to plant or replant or require the planting or replanting of trees at any point which may interfere with the necessary or reasonable use of any street or abutting property or the business conducted on the property.
(d) Assessment of costs.--
On failure of any owner, after reasonable notice, to comply with the terms of an ordinance requiring the planting or replanting of shade trees, the borough may cause the trees to be planted or replanted and assess the cost against the owner in accordance with section 2720.2 (relating to payment by owners and assessments).
(e) Diseased plants, shrubs and trees.--
Council may, upon notice as may be provided by ordinance, require owners of property to cut and remove plants, shrubs and trees afflicted with any disease that threatens to injure or destroy plants, shrubs and shade trees in the borough under regulations prescribed by ordinance. Upon failure of any owner to comply with the notice, the borough may cause the work to be done by the borough and assess the cost against the owner in accordance with section 2720.2.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2720.1 - Maintenance by borough and tax levy

§ 2720.1. Maintenance by borough and tax levy.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2720.2 - Payment by owners and assessments

§ 2720.2. Payment by owners and assessments.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 27 - Recreation Places, Shade Trees and Forests › Section 2720.3 - Notice of work

§ 2720.3. Notice of work.
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.