|"SECOND CLASS TOWNSHIP CODE, THE"
Act of May. 1, 1933, P.L. 103, No. 69
(Reenacted and amended Nov. 9, 1995, P.L.350, No.60)
Concerning townships of the second class; and amending, revising, consolidating and changing the law relating thereto. (Title reenacted and amended Nov. 9, 1995, P.L.350, No.60)
Compiler's Note: Section 1 of Act 165 of 1970 provided that the limits heretofore imposed by Act 69 upon the rates of interest and interest costs permitted to be paid upon bonds, obligations and indebtedness issued by the Commonwealth or its agencies or instrumentalities or authorities, and by local political subdivisions or their agencies or authorities, are hereby removed for such bonds, obligations or indebtedness.
TABLE OF CONTENTS
ARTICLE I. PRELIMINARY PROVISIONS
Section 101. Short Title.
Section 102. Definitions.
Section 103. Excluded Provisions.
Section 104. Construction of Act Generally.
Section 105. Constitutional Construction.
Section 106. Construction of References.
Section 107. How Act Applies.
Section 108. Saving Clauses When Class of Township Changed.
Section 109. Legal Advertising.
ARTICLE II. CLASSIFICATION, CREATION,
REESTABLISHMENT AND CHANGE OF NAME OF TOWNSHIPS
Section 201. Classification of Townships.
Section 202. Reestablishment of Townships.
Section 203. Creation of Townships by Annulment of Charter of
Section 204. Classification of New Townships.
Section 205. Appointment and Election of Officers of New
Section 206. Certificates of Clerk of Court; Fee; Penalty.
Section 207. Change of Name of Township.
ARTICLE III. TOWNSHIP LINES AND BOUNDARIES
Section 301. Stream Boundaries.
Section 302. Ascertainment of Boundaries.
Section 303. Petition to Court; Commissioners' Report.
Section 304. Exceptions and Procedure.
Section 305. Costs.
Section 306. Adjustment of Indebtedness.
Section 307. Adjustment for Costs or Values of Improvements.
ARTICLE IV. ELECTION OF OFFICERS; VACANCIES IN OFFICE
Section 401. Township Officers to be Electors.
Section 402. Officers to be Elected.
Section 403. Supervisors.
Section 404. Auditors.
Section 405. Assessor (Deleted by amendment and repealed).
Section 406. Tax Collector.
Section 407. Vacancies in General.
ARTICLE V. TOWNSHIP OFFICERS GENERALLY
Section 501. Oath of Office.
Section 502. Bonds.
Section 503. Removal of Township Officers and Appointees.
ARTICLE VI. TOWNSHIP SUPERVISORS
Section 601. Supervisors and Government of Townships.
Section 602. Organization Meeting; Appointment of Secretary and
Section 603. Monthly Meetings; Quorum; and Voting.
Section 604. Special Meetings.
Section 605. Minutes and Records.
Section 606. Compensation of Supervisors.
Section 607. Duties of Supervisors.
ARTICLE VII. TOWNSHIP TREASURER
Section 701. Township Treasurer.
Section 702. Treasurer's Bond.
Section 703. Treasurer's Compensation.
Section 704. Treasurer's Duties.
Section 705. Assistant Treasurer.
Section 706. Use of Special Funds; Penalty.
Section 707. Penalty for Failure to Perform Duties.
Section 708. Depositories of Township Funds.
ARTICLE VIII. TOWNSHIP SECRETARY
Section 801. Township Secretary.
Section 802. Secretary's Duties.
Section 803. Secretary's Compensation.
Section 804. Assistant Secretary.
ARTICLE IX. AUDITORS; ACCOUNTANTS
Section 901. Township Auditors; Meetings; Duties; Quorum.
Section 902. Auditor's Compensation.
Section 903. Subpoenas; Oaths; Perjury.
Section 904. Completion, Filing and Publication of Annual
Township Report and Financial Statement.
Section 905. Penalty for Failure to Perform Duty.
Section 906. Employment and Compensation of Attorney.
Section 907. Surcharge by Auditors.
Section 908. Collection of Surcharge; Bond.
Section 909. Appeals from Report.
Section 910. Taxpayer's Appeal; Bond.
Section 911. Consolidation of Appeals.
Section 912. Report; Prima Facie Evidence; Burden of Proof.
Section 913. Findings; Judgment.
Section 914. Costs.
Section 915. Attorney Fees.
Section 916. Interest in Township Transactions.
Section 917. Appointment of Accountant.
ARTICLE X. TAX COLLECTOR; ASSESSOR
Section 1001. Tax Collector; Powers, Duties and Liabilities.
Section 1002. Assessor; Powers and Duties (Deleted by
amendment and repealed).
ARTICLE XI. TOWNSHIP SOLICITOR
Section 1101. Township Solicitor.
Section 1102. Solicitor to Have Control of Legal Matters.
Section 1103. Duties of Solicitor.
ARTICLE XII. TOWNSHIP ENGINEER
Section 1201. Township Engineer.
Section 1202. Engineer's Duties; Preparation of Plans.
Section 1203. Certificate of Commencement and of Completion of
ARTICLE XIII. TOWNSHIP MANAGER
Section 1301. Township Manager; Appointment, Removal, Powers
and Duties; Compensation; Bond.
ARTICLE XIV. COUNTY AND STATE ASSOCIATIONS
Section 1401. County Associations.
Section 1402. State Association of Township Supervisors
ARTICLE XV. CORPORATE POWERS
Section 1501. Suits.
Section 1502. Property; Penalty for Violation.
Section 1503. Real Property.
Section 1504. Personal Property.
Section 1505. Boards of Supervisors to Exercise Powers.
Section 1506. General Powers.
Section 1507. Intergovernmental Cooperation.
Section 1508. Capital Reserve Fund.
Section 1508.1. Operating Reserve Fund.
Section 1509. Indebtedness.
Section 1510. Display of Flags.
Section 1511. Township Seals.
Section 1512. Insurance.
Section 1513. Widening and Deepening Watercourses.
Section 1514. Airports.
Section 1515. Urban Common Carrier Mass Transportation.
Section 1516. Land Use Regulations.
Section 1517. Building and Housing Regulations.
Section 1518. Building and Housing Inspectors (Repealed).
Section 1519. Building Lines.
Section 1520. Numbering of Buildings.
Section 1521. Insect, Pest and Vector Programs.
Section 1522. Sewage Treatment Facilities Regulations.
Section 1523. Surplus Foods.
Section 1524. Community Nursing Services.
Section 1525. Mental Health Centers.
Section 1526. Hospitals.
Section 1527. Public Safety.
Section 1528. Ambulances and Rescue and Life Saving Services.
Section 1529. Nuisances.
Section 1530. Regulation of Dogs.
Section 1531. Animal Shelters.
Section 1532. Regulation of Business.
Section 1533. Dangerous Structures.
Section 1534. Fireworks and Inflammable Articles.
Section 1535. Human Services.
Section 1536. Cemeteries.
Section 1537. Burial Plots of Service Persons.
Section 1538. Care of Memorials.
Section 1539. Libraries.
Section 1540. Observances and Celebrations.
Section 1541. Historical Property.
Section 1542. Community Development.
Section 1543. Industrial Promotion.
Section 1544. Tourist Promotion Agencies.
Section 1545. Nonprofit Art Corporations.
Section 1546. Neighborhood Crime Watch Programs.
Section 1547. Public Rewards.
Section 1548. Municipality Authorities.
Section 1549. Racetracks.
Section 1550. Conservation District.
Section 1551. Watershed Associations.
Section 1552. Counties.
Section 1553. Emergency Services.
ARTICLE XVI. ORDINANCES
Section 1601. Ordinances.
ARTICLE XVII. PUBLIC BUILDINGS
Section 1701. Township Buildings.
Section 1702. Use of Public Land Acquired for Other Purposes.
Section 1703. How Damages Are Assessed.
Section 1704. Garages and Warehouses.
ARTICLE XVII-A. UNIFORM CONSTRUCTION CODE,
PROPERTY MAINTENANCE CODE AND RESERVED POWERS
Section 1701-A. Definitions.
Section 1702-A. Primacy of Uniform Construction Code.
Section 1703-A. Public nuisance.
Section 1704-A. Property maintenance code.
Section 1705-A. Reserved powers.
ARTICLE XVIII. FIRE PREVENTION AND PROTECTION
Section 1801. Authority of Board of Supervisors.
Section 1802. Fire Hydrants and Water Supply.
Section 1803. Fire Companies and Facilities.
Section 1804. Ponds, Dams or Impoundments for Fire Protection.
Section 1805. Fire Prevention Code.
Section 1806. Prohibition of Fire-Producing Devices in Certain
ARTICLE XIX. TOWNSHIP POLICE
Section 1901. Creating or Disbanding Police Force.
Section 1902. Appointment of Police.
Section 1903. Contracts to Secure Police Service.
Section 1904. Contract to Provide Police Service.
Section 1905. Powers.
Section 1906. Shield.
Section 1907. Equipment.
Section 1908. Lockups.
Section 1909. Certain Compensation Prohibited.
Section 1910. Police Pension Fund.
Section 1911. Police Protection Districts.
Section 1912. Removal of Police Officers.
Section 1913. Auxiliary Police.
Section 1914. Special Fire Police.
Section 1915. School Crossing Guards.
ARTICLE XX. STREET LIGHTS
Section 2001. Lighting.
Section 2002. Street Light Districts.
Section 2003. Costs.
ARTICLE XXI. SOLID WASTE COLLECTION AND DISPOSITION
Section 2101. Accumulation of Ashes, Garbage, Solid Waste and
Section 2102. Collection.
Section 2103. Disposal.
Section 2104. Acquisition of Land.
Section 2105. Charge for Services.
Section 2106. Appropriations.
Section 2107. Refuse Collection District.
Section 2108. Exclusion from Bidding Requirements.
ARTICLE XXII. PARKS, RECREATION CENTERS AND FORESTS
Section 2201. Acquisition of Lands and Buildings.
Section 2202. Recreation Facilities Employes.
Section 2203. Regulation of Parks and Public Amusements.
Section 2204. Creation of Recreation Boards.
Section 2205. Joint Ownership and Maintenance.
Section 2206. Expenses for Maintenance.
Section 2207. Forest Lands.
ARTICLE XXIII. ROADS, STREETS, BRIDGES AND HIGHWAYS
Section 2301. Road and Bridge Maintenance, Repair and
Section 2302. Duties of Roadmasters.
Section 2303. Road Complaints.
Section 2304. Power to Lay Out, Open, Widen, Vacate, Et Cetera.
Section 2305. Hearing; Report; Exceptions Thereto; View and
Section 2306. Width of Public Roads.
Section 2307. Certain Roads Declared Public Roads.
Section 2308. Opening, Repairing and Closing Roads.
Section 2309. Time Within Which Roads to be Opened.
Section 2310. Detours.
Section 2311. Relocating or Vacating Roads by Agreement.
Section 2312. Elimination of Curves; Acquisition of Views.
Section 2313. Roads in or near Public Parks.
Section 2314. Petition of Property Owners for Improvements.
Section 2315. Improvements Without Petition.
Section 2316. Acceptance of Land for Road Purposes.
Section 2317. Approval of Plans.
Section 2318. Markers and Monuments.
Section 2319. Powers of State and Counties Preserved.
Section 2320. Power to Open Drains and Ditches.
Section 2321. Railroad Crossings.
Section 2322. Permits.
Section 2323. Penalty for Destroying Signs.
Section 2324. Protection of Highways from Snowdrifts.
Section 2325. Saving Trees and Shrubbery.
Section 2326. Obstructions and Nuisances.
Section 2327. Traffic Lights and Signals.
Section 2328. Regulation of Parking.
Section 2329. Naming of Streets.
Section 2330. Bike Paths.
Section 2331. County Bridges.
Section 2332. Boundary Roads and Bridges.
ARTICLE XXIV. SIDEWALKS, FOOTPATHS AND CURBS
Section 2401. Location, Lines, Grades and Width of Curbs,
Sidewalks or Footpaths; Costs.
ARTICLE XXV. SANITARY SEWERS
Section 2501. Sanitary Sewers.
Section 2502. Sanitary Sewer Connections.
Section 2503. Notice of Contemplated Construction.
Section 2504. Entering Lands to Mark Sanitary Sewer Routes;
Section 2505. Sanitary Sewer Systems; Acquisition of Land and
Section 2506. Cost of Construction; How Paid.
Section 2507. Sanitary Sewer Districts.
Section 2508. Manner of Assessment.
Section 2509. Procedure for Assessments.
Section 2510. Liens for Assessments; Costs of Proceedings.
Section 2511. Rental Fees.
Section 2512. State and County Highways; Consents Necessary.
Section 2513. Municipal Corporation; Municipality Authority;
Agreements for Connections; Appointment of
Section 2514. Report of Viewers.
Section 2515. Acquisition of Existing Sanitary Sewer Systems.
Section 2516. Joint Sanitary Sewer Systems.
Section 2517. State Permit.
ARTICLE XXVI. WATER SUPPLY
Section 2601. Contracts With Water Companies and Municipal
Corporations and Acquisition of Water Systems.
Section 2602. Water Lines and Connections.
Section 2603. Connection to Water System.
Section 2604. Water Rents.
Section 2605. Distribution System; State Permit.
Section 2606. Occupation of Highways.
Section 2607. Joint Construction, Acquisition or Maintenance of
Section 2608. Joint Water Board.
Section 2609. Public Utility Law Saved.
Section 2610. Cost of Construction; How Paid.
Section 2611. Water Districts.
Section 2612. Assessment.
Section 2613. Procedure for Assessment.
Section 2614. Liens for Assessments; Costs of Proceedings.
ARTICLE XXVII. STORM WATER MANAGEMENT PLANS AND
Section 2701. Storm Water Management Systems Authorized.
Section 2702. Construction of Storm Water Management
Section 2703. System Management.
Section 2704. Ordinances.
ARTICLE XXVIII. MANUFACTURE AND SALE OF ELECTRICITY
Section 2801. Manufacture and Sale of Electricity.
Section 2802. Regulation of Use and Prices.
Section 2803. Sale of Hydroelectric Generating Facilities.
Section 2804. Construction or Purchase of Hydroelectric
Section 2805. Submission to Electors.
Section 2806. Limitation on Indebtedness.
ARTICLE XXIX. SHADE TREE COMMISSION
Section 2901. Right of Establishment.
Section 2902. Commission Members; Appointment; Terms;
Section 2903. Powers May be Vested in Recreation Board.
Section 2904. General Powers of Commission.
Section 2905. Hiring of Employes.
Section 2906. Report of Commission.
Section 2907. Removal of Diseased or Dangerous Trees.
Section 2908. Maintenance by Township Funds.
Section 2909. Penalties.
Section 2910. Disposition of Penalties.
ARTICLE XXX. BOARD OF HEALTH
Section 3001. Establishment of Board of Health.
Section 3002. Members of Board of Health.
Section 3003. Organization, Secretary, Health Officer and
Section 3004. Duties of Secretary.
Section 3005. Powers and Duties of Health Officer and
Section 3006. Powers of Board of Health.
Section 3007. Entering Premises.
Section 3008. Written Order for Violation.
Section 3009. Appropriations and Annual Report.
Section 3010. Cooperation With Other Municipal Corporations.
ARTICLE XXXI. CONTRACTS
Section 3101. Power to Make Contracts.
Section 3102. Letting Contracts.
Section 3103. Road Contracts.
Section 3104. Evasion of Advertising Requirements.
Section 3105. Bonds for Protection of Labor and Material
Section 3106. Purchase Contracts for Supplies and Equipment;
Fire Company, Et Cetera; Participation.
Section 3107. Separate Specifications for Branches of Work.
Section 3108. Workers' Compensation Insurance.
Section 3109. Engineers and Architects Not to be Interested in
ARTICLE XXXII. TAXATION AND FINANCE
Section 3201. Fiscal Year.
Section 3202. Annual Budget.
Section 3203. Uniform Report Forms.
Section 3204. Investment of Township Funds.
Section 3205. Township and Special Tax Levies.
Section 3206. Procedure for Referendum on Tax Questions.
Section 3207. Taxes for Special Districts.
Section 3208. Tax Rate to be Expressed in Dollars and Cents.
Section 3209. Tax Duplicates.
Section 3210. Additions and Revisions to Duplicates.
ARTICLE XXXIII. COLLECTION OF ASSESSMENTS
Section 3301. Assessments Collected by Tax Collector.
Section 3302. Assessments Collected by Township Treasurer.
Section 3303. Installment Payments.
ARTICLE XXXIV. EMINENT DOMAIN; ASSESSMENT OF
DAMAGES AND BENEFITS
Section 3401. Scope of Article.
Section 3402. Restrictions as to Certain Property.
Section 3403. Value of Land or Property Not to be Assessed as
Section 3404. Title Acquired.
Section 3405. Assessment of Damages and Benefits.
Section 3406. Assessment Awards.
Section 3407. Assessments to Bear Interest.
ARTICLE XXXV. VIOLATION OF ACT GENERALLY
Section 3501. Violation of Act Generally; Penalty.
ARTICLE XXXVI. ACTIONS BY TOWNSHIPS
Section 3601. Recovery of Municipal Claims.
ARTICLE XXXVII. REPEALS
Section 3701. Repeals.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 101. Short Title.--This act shall be known and may be cited as "The Second Class Township Code."
Section 102. Definitions.--The following words, terms and phrases, as used in this act, shall have the following meanings, unless the context clearly indicates otherwise:
"Census" or "official census," the latest United States Census Bureau population count resulting from a decennial or special census conducted by the United States Census Bureau.
"Highway" or "State highway," any highway, road or street which qualifies as a State highway or a portion of the rural State highway system as provided in section 102 of the act of June 1, 1945 (P.L.1242, No.428), known as the "State Highway Law."
"Municipal corporation," any city, borough, incorporated town, township of the second class, township of the first class or home rule municipality, except home rule counties.
"Road" or "public road," the entire width between the boundary lines of every way, street, lane, alley, court or public square maintained by the township which is open to the use of the public for purposes of vehicular travel.
"Township," a township of the second class.
Section 103. Excluded Provisions.--(a) This act does not repeal any acts relating to:
(1) The assessment and valuation of property and persons for the purposes of taxation and collection of taxes and the collection of municipal claims by liens.
(2) The method of incurring or increasing indebtedness.
(3) Election officers and conduct of elections.
(4) Public schools and school districts.
(6) District justices.
(7) State highways and private roads.
(8) Validations of elections, bonds, ordinances and acts of corporate officers.
(9) Free nonsectarian libraries.
(10) Intergovernmental cooperation.
(11) Planning and land use.
(12) Public meetings.
(13) Inspection of records.
(14) Ethics of elected officers and employes.
(15) The levy or collection of taxes under general law.
(b) It is the intention that this act shall furnish a complete and exclusive system for the government and regulation of townships except as to the several matters enumerated in subsection (a).
Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.
Section 104. Construction of Act Generally.--The provisions of this act, insofar as they are the same as those of existing laws, are intended as a continuation of those laws and not as new enactments. The repeal by this act of any State law or part thereof does not revive any act or part thereof previously repealed or superseded. The provisions of this act do not affect any act done, liability incurred or right accrued or vested or affect any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of any repealed laws.
Section 105. Constitutional Construction.--The provisions of this act are severable, and, if any of the provisions are held to be unconstitutional, that decision shall not affect the validity of any of the remaining provisions of this act. It is the legislative intent that this act would have been adopted had the unconstitutional provision not been included.
Section 106. Construction of References.--When, in this act, reference is made to any act by title, it includes any codification in which the provisions of the act referred to are substantially reenacted.
Section 107. How Act Applies.--This act shall apply to all townships of the second class as now exist and those created, established or reestablished after this act takes effect.
Section 108. Saving Clauses When Class of Township Changed.--When any township of the second class is reestablished as a township of the first class or when any township of the first class is reestablished as a township of the second class, all liabilities incurred, rights accrued or vested, obligations issued or contracted and all suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or punish any offense committed before the change of class and all resolutions, rules and regulations shall continue with the same force and effect as if no change had been made.
Section 109. Legal Advertising.--When notice is required to be published by a township in one or more newspapers, unless otherwise specified, publication shall be made in the legal notice section in a newspaper of general circulation in the township, as defined by 45 Pa.C.S. (relating to legal notices). When the notice relates to any proceeding or matter in any court or the holding of an election for the increase of indebtedness or the issue and sale of bonds to be paid by taxation, the notice shall also be published in the legal newspaper of the county, if any, so designated by the rules of court. Auditors' statements, summaries of auditors' statements, notices of public meetings and hearings, notices of budget proposals, ordinances, lists of delinquent taxpayers and advertisements inviting proposals for public contracts and for bids for materials and supplies shall be published only in newspapers of general circulation.
REESTABLISHMENT AND CHANGE OF NAME
Section 201. Classification of Townships.--The townships now in existence and those to be created after this act takes effect are divided into two classes, townships of the first class and townships of the second class. Townships of the first class are those having a population of at least three hundred inhabitants to the square mile, which are now established as townships of the first class, or which may be created townships of the first class under laws relating to townships of the first class. All townships that are not townships of the first class or home rule townships are townships of the second class. A change from one class to the other shall be made only under this act or the laws relating to townships of the first class.
Section 202. Reestablishment of Townships.--A township of the first class may, irrespective of population, be reestablished a township of the second class in the following manner:
(1) The board of commissioners of the township of the first class on its own initiative may, or within fifteen days after the receipt of a petition signed by at least five percent of the electors of the township of the first class shall, pass a resolution and record it on its minutes, submitting the question of whether the township of the first class shall be reestablished as a township of the second class to the electors of the township of the first class.
(2) At the next primary, general or municipal election occurring at least ninety days after the passage of the resolution, the question, whether the township of the first class shall be reestablished as a township of the second class, shall be submitted to the voters of the township; and the county board of elections shall place the question of reestablishment as a township of the second class on the ballot under the election laws of this Commonwealth.
(3) The election officers shall compute the votes cast at the election and certify them to the county board of elections, which shall compute them and certify the result to the county commissioners and the board of commissioners of the township of the first class and to the clerk of the court of common pleas. If a majority of the votes cast at the election are in favor of the reestablishment of the township of the first class as a township of the second class, the government of the township of the second class shall be organized and become effective on the first Monday of January after the election, when the terms of the officers of the township of the first class shall cease, and the officers appointed by the court for the township under section 205 shall take office. If a majority of the votes cast at the election are in favor of remaining a township of the first class, no further proceedings may be initiated for a period of two years from the date of the election.
Section 203. Creation of Townships by Annulment of Charter of Borough.--Townships of the second class may be created by the annulment of a charter of a borough under laws governing boroughs.
Section 204. Classification of New Townships.--When a new township is created either by consolidation of two or more townships or reestablishment of a township of the first class as a township or by annulment of a charter of a borough, the new township shall be classified as a township of the second class.
Section 205. Appointment and Election of Officers of New Townships.--When a new township results from the consolidation of townships or is created as a result of the annulment of a charter of a borough or when a township of the first class is reestablished as a township of the second class, the court of common pleas shall appoint the elective officers for the new township and determine the polling place or places in the new township. The appointed officers shall hold their offices until the first Monday of January after the next municipal election which occurs at least ninety days after the appointments. At the municipal election, a tax collector shall be elected for a regular four-year term if the election occurs in the year when such officer is elected for a regular term, and, if not, he shall be elected for a term of two years and his successor shall be elected for a four-year term. At the first municipal election, one supervisor and one auditor shall be elected for terms of six years each, one supervisor and one auditor for terms of four years each and one supervisor and one auditor for terms of two years each. All officers shall take office on the first Monday of January after their election.
(205 amended Nov. 29, 2006, P.L.1473, No.166)