reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 17 - Streets › Section 1782 - Acquisition of property for unobstructed view

§ 1782. Acquisition of property for unobstructed view.
(a) General rule.--
Any borough may, singly or jointly with another municipality, acquire, by purchase or by the right of eminent domain, a free and unobstructed view down and across lands located at or near the intersection of any two streets or highways or a street or highway and a railroad or railway or at a curve in any street or highway as may be necessary to accomplish the following:
(1) Assure a free and unobstructed view in all directions at the crossings.
(2) Prevent the use of the lands for any purpose or in any manner which may interfere with or obstruct the view of persons traveling upon the street or highway.
(b) Obstructions to be abated or removed.--
After condemnation, the borough may abate or remove or cause to be abated or removed any obstruction to the view over and across the lands except poles used in furnishing service to the public.
(c) Condemnation proceedings.--
The proceedings for the condemnation of the view over and across lands and for the assessment of damages for property taken, injured or destroyed, or the portion thereof agreed to be paid by the borough if the taking is jointly with another municipality, shall be taken in the manner provided in the law governing eminent domain.
(d) Use of lands.--
Upon the purchase or condemnation of a view, the owner of the lands may make every use of the lands as will not interfere with a free and unobstructed view at the dangerous crossing or curve.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 18 - Sidewalks › Section 1800 - Definitions

§ 1800. 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:
"Sidewalk."
The portion of a street located outside the cartway and may include paved footway, unpaved grasslot, curb and gutter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 18 - Sidewalks › Section 1801 - Power to lay out, establish and compel construction of sidewalks

§ 1801. Power to lay out, establish and compel construction of sidewalks.
(a) General rule.--
(1) Any borough may, by ordinance, lay out and establish sidewalks, curbs, gutters and surface water drains along any street and, with the consent of the Secretary of Transportation, along any State highway.
(2) The borough may also require owners of property abutting on any street or State highway to grade, construct, drain, pave and repave the sidewalk, curb or gutter and keep them in repair and in safe and usable condition along the property at the grades and under the regulations and specifications as council may prescribe.
(b) (Reserved).
Cross References.
Section 1801 is referred to in section 1805 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 18 - Sidewalks › Section 1802 - Sidewalks on land abutting State highways and along roads outside borough

§ 1802. Sidewalks on land abutting State highways and along roads outside borough.
Any borough may, by ordinance, lay out sidewalks, gutters and surface water drains upon land abutting the sides of State highways and upon land abutting the sides of public roads, where the roads are outside the borough limits, but the land upon which the sidewalks, gutters and surface water drains are to be laid out is within the borough limits.
Cross References.
Section 1802 is referred to in section 1805 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 18 - Sidewalks › Section 1803 - Establishment of grades

§ 1803. Establishment of grades.
Any borough may establish a grade or grades for sidewalks, which may be separate and apart from the grade or grades established for the cartway or roadway.
Cross References.
Section 1803 is referred to in section 1805 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 18 - Sidewalks › Section 1804 - Boroughs may pay all or part of cost of grading and curbing

§ 1804. Boroughs may pay all or part of cost of grading and curbing.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 18 - Sidewalks › Section 1805 - Borough may do work and collect cost

§ 1805. Borough may do work and collect cost.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 18 - Sidewalks › Section 1806 - Emergency repairs to sidewalks

§ 1806. Emergency repairs to sidewalks.
(a) General rule.--
(1) In addition to the remedies now vested in boroughs to make repairs to sidewalks, any borough shall have power to make emergency repairs to any sidewalks within the borough if an inspection of the sidewalk discloses that, and a certificate made by the officer or head of the department or committee lawfully having charge of sidewalk repairs specifies that, a dangerous condition exists that can be repaired by an expenditure of not more than $1,000.
(2) Before repairs are made, a notice to make the repairs within 48 hours shall be served upon the owner of the property. If the owner cannot be served within the county, notice may be served upon the agent of the owner or the party in possession or, if there is no agent or party in possession, the notice may be served by posting the same upon the premises.
(b) Cost.--
(1) Upon the completion of the work, the cost shall be a charge against the owner of the property and shall be a lien, until paid, upon the abutting property if a claim is filed. The charge may also be collected by action of assumpsit.
(2) This section is intended to provide an additional remedy for boroughs in connection with emergency repairs, where the actual cost of doing the work does not exceed $1,000. The certificate of the officer or head of the department or committee in charge of repairs to sidewalks shall be conclusive evidence of the existence of the emergency justifying the repair under the terms of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 19 - Bridges, Viaducts and Underground Passageways › Section 1901 - Construction or acquisition and maintenance of bridges and viaducts

§ 1901. Construction or acquisition and maintenance of bridges and viaducts.
(a) Authority.--
Any borough may locate and build, or acquire by purchase, condemnation or otherwise, any bridge or viaduct and the piers, approaches and abutments for the bridge or viaduct, to be used and thereafter improved and maintained as a street, over any river, creek, stream, railroad or public or private property or over and across a combination of any of them, whether the bridge or viaduct shall be wholly or partly within the borough limits.
(b) Proceedings.--
The proceedings for laying out and opening a bridge or viaduct shall be the same as provided by this part for the laying out and opening of streets, and the bridge or viaduct or portion of the bridge or viaduct may thereafter be vacated under the same procedure as provided in this part for the relocation or vacation of streets or portions of streets.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 19 - Bridges, Viaducts and Underground Passageways › Section 1902 - Right to appropriate property and assessment of damages

§ 1902. Right to appropriate property and assessment of damages.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 19 - Bridges, Viaducts and Underground Passageways › Section 1903 - Boundary bridges

§ 1903. Boundary bridges.
If a bridge or viaduct crosses the boundary line of a borough and another municipality, the borough may enter into an intergovernmental cooperation agreement in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) with the municipality for the construction and maintenance of the bridge and shall apportion the costs according to the intergovernmental agreement.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 19 - Bridges, Viaducts and Underground Passageways › Section 1904 - Contracts with railroads, other companies and counties

§ 1904. Contracts with railroads, other companies and counties.
(a) General rule.--
(1) The borough may enter into a contract with the county commissioners, railroads, street railways and other companies or interested parties for the building and maintenance of bridges or viaducts and for the payment of any damages caused by the location or erection thereof.
(2) The contracts may stipulate that the county, borough, railroad company, street railway or other company or interested party shall pay a certain part of the contract price of the work, including damages, or may stipulate that each shall construct a certain portion of the work and may provide otherwise for the payment of damages.
(b) Payment.--
(1) When any railroad company, street railway or other company or interested party agrees to pay a certain portion of the cost of the work, it shall pay the portion into the borough treasury. The borough treasurer shall pay the amount over to the contractor, as may be provided in the contract. The amount to be paid by the county shall be paid directly to the contractor.
(2) The agreement may provide for the maintenance of the bridges and viaducts after their erection. Nothing under this section shall authorize any borough to contract with a county for the maintenance of any bridge or viaduct which does not cross a place over which the county is authorized to build bridges. The bridge or viaduct shall be maintained as a borough structure, and the borough may contract with any party interested, except the county, for the maintenance of the bridge or viaduct.
(3) Nothing in this section shall affect the powers or duties of the Pennsylvania Public Utility Commission to the extent otherwise provided by law.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 19 - Bridges, Viaducts and Underground Passageways › Section 1905 - Overhead and underground passageways

§ 1905. Overhead and underground passageways.
If the comfort and safety of the residents of a borough and an adjoining municipality are enhanced by any overhead or underground passageway connecting with adjoining streets in either the borough or the municipality and extending to any plant or place of business where residents of the borough are employed, the borough may, jointly with each adjoining municipality, construct and maintain any passageway or may join with other interests in the construction and maintenance of the passageway.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2000 - Definitions

§ 2000. 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:
"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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2002 - Assessments

§ 2002. Assessments.
Assessments, whether based according to benefits conferred or by the front foot basis, and assessment awards, if any, shall be calculated pursuant to Chapter 21A (relating to assessments and charges for public improvements).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2009 - Extensions beyond borough limits and eminent domain

§ 2009. Extensions beyond borough limits and eminent domain.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2010 - Notice of certain ordinances

§ 2010. Notice of certain ordinances.
No ordinance for any construction of sewers or treatment works beyond the limits of the borough shall be enacted until notice of the ordinance has been given in all of the following manners:
(1) By publication of the proposed ordinance once a week for four weeks in one newspaper of general circulation.
(2) By serving copies of the proposed ordinance at least ten days before the enactment of the ordinance upon all land owners through whose land the sewer is to pass or on whose lands any treatment works are to be located.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2012 - Unlawful to build within right-of-way of sanitary sewers

§ 2012. Unlawful to build within right-of-way of sanitary sewers.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2013 - Opening sanitary sewers

§ 2013. Opening sanitary sewers.
(a) General rule.--
A proceeding to open a sanitary sewer shall be void if a borough:
(1) lays out any sanitary sewer over or under private property which is located in whole or in part within the limits of the borough; and
(2) does not proceed to open the sanitary sewer and to assess the damage arising therefrom within two years from the enactment of the ordinance.
(b) Exception.--
If a borough has laid out a sanitary sewer without the enactment of an ordinance prior to July 16, 2012, and has not opened the sanitary sewer, the proceedings shall not be deemed to be void. The borough shall have two years from July 16, 2012, to open the sanitary sewer or the whole proceeding shall be void.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2023 - Connections with sanitary sewers of adjacent municipalities

§ 2023. Connections with sanitary sewers of adjacent municipalities.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2024 - Applications to court

§ 2024. Applications to court.
If a borough desires to connect with the existing sanitary sewer of an adjacent municipality and no agreement, either upon the basis of a rental payment for the use of an existing sanitary sewer or a division of the cost of the construction or maintenance of the sanitary sewer, has been reached between the borough and the adjacent municipality, an application shall be made by council to the court of common pleas of the county where the proposed connection is to be located, setting forth that fact.
Cross References.
Section 2024 is referred to in section 2023 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2025 - Appointment of viewers

§ 2025. Appointment of viewers.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2026 - Report of viewers and appeals to court

§ 2026. Report of viewers and appeals to court.
The viewers shall report to the court the result of their investigation. The report shall be confirmed within 30 days unless exceptions are filed. After confirmation of the report or the disposal of any exceptions, any party interested may appeal from the decision of the court of common pleas.
Cross References.
Section 2026 is referred to in section 2023 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2040 - Definitions

§ 2040. Definitions.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2041.1 - Power to acquire community sewage collection or disposal systems

§ 2041.1. Power to acquire community sewage collection or disposal systems.
(a) General rule.--
A borough may, by ordinance, acquire ownership of a community sewage collection or disposal system by purchase or by the exercise of eminent domain pursuant to 26 Pa.C.S. (relating to eminent domain) or by gift from the owner or owners.
(b) Assessment of costs and expenses.--
In eminent domain proceedings, the viewers shall assess the costs and expenses of the community sewage collection or disposal system acquired by the borough upon the property or properties benefited according to benefits. Any deficiency that is not assessed upon the benefited property or properties shall be paid by the borough.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2051 - Ordinances to require sanitary sewer connections

§ 2051. Ordinances to require sanitary sewer connections.
A borough may, by ordinance, require any owner of property benefited, improved or accommodated by a sanitary sewer to make connections with the sanitary sewer, in the manner as the borough may order, for the purpose of discharge of drainage or waste matter as the borough may specify. All connections required shall be uniform. The owner shall be given at least 45 days' notice of any ordinance requiring a sanitary sewer connection. Upon failure of the owner to make the connection, the borough may make the connection and collect the cost from the owner by a municipal claim or by an action of assumpsit. The borough may, by penalties, enforce any ordinance it enacts with reference to any sanitary sewer connections.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2053 - Tapping fees

§ 2053. Tapping fees.
The following shall apply to tapping fees:
(1) Any borough may, by ordinance, provide for charging a tapping fee if the owner of any property connects the property with a sanitary sewer system constructed or acquired by the borough if the tapping fee is calculated in accordance with 53 Pa.C.S. § 5607 (relating to purposes and powers). The tapping fee shall be in addition to any charges assessed and collected against the property in the construction or acquisition of the sanitary sewer by the borough.
(2) If a sanitary sewer system or any part or extension of a sanitary sewer system owned by a borough has been constructed by the borough at the expense of a private person or corporation or has been constructed by a private person or corporation under the supervision of the borough at the expense of the private person or corporation, the borough shall have the right to charge a tapping fee calculated in accordance with 53 Pa.C.S. § 5607 and refund the tapping fee or any part of the fee to the person or corporation who has paid for the construction of the sanitary sewer system or any part or extension of the sanitary sewer system in accordance with 53 Pa.C.S. § 5607. The total of the refunds shall never exceed the cost of the system or any part or extension of the system to the person or corporation paying for the construction of the system or any part or extension of the system.
(3) Where the property connected or to be connected with the sanitary sewer system of the borough is not equipped with a water meter, the borough may install a meter at its own cost and expense. If the property is supplied with water from the facilities of a public water supply agency, the borough shall not install a meter without the consent and approval of the public water supply agency.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2061 - Ordinance for monthly, quarterly or annual rental

§ 2061. Ordinance for monthly, quarterly or annual rental.
If a borough constructs any sanitary sewer, sewer system or sewage treatment works or acquires, wholly or partially, the same at public expense, as authorized in this chapter, the council may provide, by ordinance, for the collection of a monthly, quarterly or annual rental or charge or a fixed sum for the use of the sanitary sewer, sewer system or sewage treatment works from the owner of property served by it.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2062 - Rental amount

§ 2062. Rental amount.
(a) Included amounts.--
The monthly, quarterly or annual rental may include:
(1) The amount expended monthly, quarterly or annually by the borough in maintenance, repair, alteration, inspection, depreciation or other expense of the sanitary sewer, sewer system or sewage treatment works.
(2) Interest on money expended or borrowed by the borough in the construction of the sanitary sewer, sewer system or sewage treatment works or in the acquisition, enlargement or extension of the sanitary sewer or sewer system.
(3) An amount sufficient for the amortization of debt incurred by the borough for the purpose of construction of a sanitary sewer, sewer system or sewage treatment works or for the purpose of acquisition, enlargement or extension of a sanitary sewer or sewer system.
(b) Apportionment.--
The monthly, quarterly or annual amount or fixed sum shall be apportioned equitably among the properties served by the sanitary sewers, sewer system or sewage treatment works.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 20 - Sanitary Sewers › Section 2063 - Collection of rental

§ 2063. Collection of rental.
(a) General rule.--
The monthly, quarterly or annual rental or charge or the fixed sum shall be authorized and collected as provided by general ordinances and, if levied and charged, shall be a lien on the properties charged from the date set forth in the ordinance. If the rental, charge or fixed sum is not paid after 30 days' notice, it may be collected by an action of assumpsit in the name of the borough against the owner of the property charged or by a lien filed in the nature of a municipal lien.
(b) Collection.--
The council shall execute a warrant or warrants authorizing the collection of the monthly, quarterly or annual sewer rentals or charges, or the fixed sum, to the officer employed by council to collect the same. The officer shall have the authority now vested by law for the collection of borough taxes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21 - Collection by Installment of Street and Sewer Assessments (Reserved) › Extra - Chapter Notes

Enactment.
Chapter 21 (Reserved) was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Enactment.
Chapter 21A 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 21A - Assessments and Charges for Public Improvements › Section 21A00 - Definitions

§ 21A00. 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:
"Personal notice."
The term shall mean and include notice upon the owner of a property either by personal service upon the owner or by certified mail to the owner at the owner's last known address or where service, after a reasonable attempt, shall not have been successfully made by either of these two methods, then by leaving notice at or upon the property.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21A - Assessments and Charges for Public Improvements › Section 21A02 - Notice of assessments

§ 21A02. Notice of assessments.
The borough secretary shall cause 30 days' personal notice of the assessment to be served upon each property owner assessed. If a certificate is required to be filed with council relating to the public improvement as otherwise provided in this part, then a copy of the certificate shall accompany the notice.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21A - Assessments and Charges for Public Improvements › Section 21A03 - Assessment based on front foot basis

§ 21A03. Assessment based on front foot basis.
(a) General rule.--
If council elects to collect the cost, including any administrative fees, of any improvement on the front foot basis, the cost to be collected shall be divided by the total number of linear feet of street frontage of each property benefited, and there shall be assessed against each property that portion of the cost which is determined by multiplying the dividend of the prior calculation by the number of linear feet for street frontage of that property.
(b) Certificate of assessment.--
Council shall issue a certificate of assessment when assessing on the front foot basis duly certified under the seal of the borough and attested by the president of council and secretary. The certificate of assessment shall be prima facie evidence in any suit for recovery of the same of the correctness and validity of the assessment.
(c) Adjustments in assessments.--
Notwithstanding subsection (a), council may make equitable adjustments for corner lots, lots of irregular shape or, where special conditions exist, where an assessment for full frontage would be unjust.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21A - Assessments and Charges for Public Improvements › Section 21A04 - Assessment of benefits conferred

§ 21A04. Assessment of benefits conferred.
(a) General rule.--
In lieu of the front foot basis, council may elect to have the benefits of public improvements assessed, in whole or in part, upon property benefited, improved or accommodated by assessing an equal assessment on the properties benefited, improved or accommodated in proportion to the total cost of construction of the improvement. The amount of the charge on each property shall be determined by council.
(b) Certificate.--
Council shall issue a certificate of assessment when assessing benefits upon property benefited, improved or accommodated, duly certified under the seal of the borough and attested by the president of council and secretary. The certificate of assessment shall be prima facie evidence in any suit for recovery of the same of the correctness and validity of the assessment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21A - Assessments and Charges for Public Improvements › Section 21A05 - Assessment awards

§ 21A05. Assessment awards.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21A - Assessments and Charges for Public Improvements › Section 21A06 - Petition for viewers

§ 21A06. Petition for viewers.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21A - Assessments and Charges for Public Improvements › Section 21A07 - Payment of assessments in installments

§ 21A07. Payment of assessments in installments.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 21A - Assessments and Charges for Public Improvements › Section 21A08 - Collection of assessments

§ 21A08. Collection of assessments.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 22 - Storm Sewers and Watercourses › Section 2201 - Authority of boroughs

§ 2201. Authority of boroughs.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 22 - Storm Sewers and Watercourses › Section 2202 - Right of entry upon lands

§ 2202. Right of entry upon lands.
A borough may enter upon any land lying near a watercourse and secure the material as may be necessary for the purpose of making and repairing the embankments along the watercourse when the material cannot be obtained by contract at a reasonable price. The borough shall cause no unnecessary damage to the owners of the land, shall repair any fences, structures or damage to the land that is caused by the borough and shall compensate the owner, either by agreement or in accordance with 26 Pa.C.S. (relating to eminent domain), for any materials obtained under this section.
Cross References.
Section 2202 is referred to in section 2204 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 22 - Storm Sewers and Watercourses › Section 2203 - Manner of financing work

§ 2203. Manner of financing work.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 22 - Storm Sewers and Watercourses › Section 2204 - Proceedings to assess damages

§ 2204. Proceedings to assess damages.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 22 - Storm Sewers and Watercourses › Section 2205 - Unlawful to build within right-of-way of storm sewers

§ 2205. Unlawful to build within right-of-way of storm sewers.
It shall be unlawful for a person to erect a building or make an improvement within the right-of-way of a storm sewer laid out after due notice of the laying out of the storm sewer. If the erection or improvement is made, no allowance shall be made in the assessment of damages.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 22 - Storm Sewers and Watercourses › Section 2206 - Power to acquire storm sewer systems

§ 2206. Power to acquire storm sewer systems.
(a) General rule.--
A borough may, by ordinance, acquire ownership of storm sewers, culverts and the necessary inlets and appliances for surface, under surface and storm sewer drainage by purchase, by the exercise of eminent domain pursuant to 26 Pa.C.S. (relating to eminent domain) or by gift from the owner or owners.
(b) Eminent domain.--
In eminent domain proceedings, the viewers shall assess the costs and expenses of the storm sewer, culverts, inlets and appliances acquired by the borough upon the property or properties benefited according to benefits. Any deficiency that is not assessed upon the benefited property or properties shall be paid by the borough.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Extra - Chapter Notes

Enactment.
Chapter 24 was added April 18, 2014, P.L.432, No.37, effective in 60 days.
Enactment.
Chapter 24A 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 24 - Water System › Section 2401 - Power to supply water and make regulations

§ 2401. Power to supply water and make regulations.
(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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2402 - Contracts not to abridge powers

§ 2402. Contracts not to abridge powers.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2403 - Issue of bonds where water system acquired

§ 2403. Issue of bonds where water system acquired.
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).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2404 - Refunding bonds

§ 2404. Refunding bonds.
(a) General rule.--
If a borough acquires a water system subject to any existing lien or liens and, at the time of acquisition, issues utility bonds secured by the liens on the water system and which impose no municipal liability, when the utility bonds mature or at any time prior, the borough may issue and sell utility bonds for the purposes of refunding the outstanding bonds. The refunding bonds shall be issued as utility bonds pursuant to 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing). The issued bonds shall not be deemed to be the creation of new obligations but shall be deemed a continuation of the bonds existing or created at the time of the original acquisition of the water system.
(b) Time, interest rate and amount.--
The bonds shall not be refunded for a longer period than 20 years, and the refunding lien bonds issued shall not bear interest at a rate exceeding 6%. The aggregate amount of the issued refunding lien bonds shall not exceed the amount of the bonds to be refunded. Any money placed in any fund by the borough or by any commission of the water system for the purpose of redeeming or paying the bonds at maturity shall be first applied to the payment of the principal of the bonds to be refunded, and the balance of the bonds only shall be refunded by the issue of new bonds.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2406 - Contracts to supply water for municipal purposes

§ 2406. Contracts to supply water for municipal purposes.
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.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 8 - BOROUGHS AND INCORPORATED TOWNS › Chapter 24 - Water System › Section 2407 - Power to supply water beyond limits of borough

§ 2407. Power to supply water beyond limits of borough.
If a borough maintains a water system, it shall be lawful for the borough to supply water to persons and corporations outside the limits of the borough, but the supply of water shall be subject to any applicable approval or regulation imposed by 66 Pa.C.S. Pt. I (relating to Public Utility Code). The privilege shall not conflict with the corporate rights of any water company or the rights of any other municipality or municipal authority.