Second class township code, the




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Compiler's Note:  Section 9(2)(ii) of Act 167 of 2006 provided that section 205 is repealed insofar as it is inconsistent with Act 167.

Compiler's Note:  Section 5 of Act 166 of 2006, which amended section 205, provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.

Section 206.  Certificates of Clerk of Court; Fee; Penalty.--(a)  When a township of the second class results from the consolidation of two or more townships or is created or reestablished, the clerk of the court of common pleas within thirty days shall certify the action to the Department of Community Affairs and the Department of Transportation. The clerk may charge a fee of three dollars and fifty cents ($3.50) to be paid as part of the costs of the proceedings.

(b)  A clerk who fails to furnish the certifications, or either of them, shall, upon conviction thereof, in a summary proceeding, be sentenced to pay a fine of not more than fifty dollars ($50) and, in default of the payment of the fine and costs, undergo imprisonment of not more than ten days.

 

Compiler's Note:  Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferrred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 206 are transferred to the Department of Community and Economic Development.

Section 207.  Change of Name of Township.--(a)  Upon petition to the court of common pleas of at least ten percent of the electors of a township or upon passage of a resolution by the board of supervisors seeking a change of the name of the township, the court shall order a referendum on the question.

(b)  If the court determines that the petition or resolution for change of name of the township is in proper form and properly executed, the original petition or resolution shall be filed with the clerk of the court. A copy of the petition or resolution and order of the court shall be filed with the county board of elections, which shall frame the question to be submitted to the electors at the next general or municipal election which occurs at least sixty days after the court order.

(c)  The election officers shall compute the votes cast on the question and certify them to the clerk of the court of common pleas, who shall tabulate them and certify the result. If a majority of the votes cast at the election are in favor of the change of township name, the court shall so order and shall order the record of the proceedings to be permanently recorded. If a majority of the votes are against the change, there shall be no further proceedings on the petition or resolution.

 

ARTICLE III



TOWNSHIP LINES AND BOUNDARIES

 

Section 301.  Stream Boundaries.--When any township is bounded by the nearest margin of any navigable stream and the opposite municipal corporation is also bounded by the nearest margin of the same stream, the middle of the stream is the boundary between the township and the opposite municipal corporation. This section does not repeal any local or special law.



Section 302.  Ascertainment of Boundaries.--(a)  The courts of common pleas may upon the presentation of a petition:

(1)  require the lines or boundaries of townships to be ascertained; and

(2)  ascertain disputed lines and boundaries between two or more townships or between townships and any municipal corporation.

(b)  When any petition is presented, the court may require the petitioners to file a bond in a sufficient sum to secure the payment of all costs of the proceeding.

Section 303.  Petition to Court; Commissioners' Report.--Upon application by petition, the court shall appoint three impartial citizens as commissioners, one of whom shall be a registered surveyor or engineer, to inquire into the request of the petition. After giving notice to parties interested as directed by the court, the commissioners shall hold a hearing and view the lines or boundaries; and they shall make a plot or draft of the lines and boundaries proposed to be ascertained and established if they cannot be fully designated by natural lines or boundaries. The commissioners shall make a report to the court, together with their recommendations. Upon the filing of the report, it shall be confirmed nisi, and the court may require notice to be given by the petitioners to the parties interested.

Section 304.  Exceptions and Procedure.--Exceptions to the report may be filed by any interested person or municipal corporation or school district within thirty days after the filing of the report, and the court shall set a day for the hearing of the exception. Notice of the hearing shall be given as the court may direct. After hearing, the court may sustain the exceptions or dismiss them and confirm the report or refer the report back to the same or new commissioners with authority to make another report. If no exceptions are filed within thirty days after the filing of the report, the court shall confirm the report absolutely. When any report is confirmed absolutely, the court shall enter a decree establishing the lines and boundaries as shown in the report.

Section 305.  Costs.--The compensation and expenses of commissioners appointed to ascertain and establish township lines shall be in the amount approved by the court. The court shall ascertain how the costs of the proceeding, including the furnishing and placing of markers, shall be paid and may assess them against the petitioners, any affected township or municipal corporations and school districts affected.

Section 306.  Adjustment of Indebtedness.--When the boundaries of any township are ascertained and established, the court of common pleas may adjust the taxes, debts and expenses for township, municipal and school purposes between the townships, municipal corporations and school districts affected.

Section 307.  Adjustment for Costs or Values of Improvements.--(a)  When the boundaries of any townships have been ascertained and established or when an annexation procedure is consummated with the result that a portion of a township is determined to be within the boundaries of another municipal corporation, the township shall be paid by the municipal corporation the following costs or value of improvements located within the portion of the township affected:

(1)  The value of all improvements to roads by the township within five years.

(2)  The cost of sanitary sewer systems constructed by the township within fifteen years.

(3)  The value of public buildings and all improvements other than roads and sewers.

(b)  All costs or values shall be paid within one year after the final confirmation by the court or before the completion of the annexation process. This section does not apply to the cost of any road, sanitary sewer systems or facilities which have been assessed against the real property within the affected territory.

(c)  If any present indebtedness of the township losing the affected area exists by reason of any improvements located in the affected area and the municipal corporation gaining the affected area assumes a portion of the indebtedness, any payment on account of the indebtedness shall be a credit to the municipal corporation gaining the affected area on account of the cost of the improvement.

(d)  When an amicable settlement cannot be made on the amount to be paid under this section, the court of common pleas, upon application by any one of the municipal corporations involved, shall determine the amount to be paid.

 

ARTICLE IV



ELECTION OF OFFICERS; VACANCIES IN OFFICE

 

Section 401.  Township Officers to be Electors.--No person is eligible for the office of supervisor, auditor or tax collector in any township unless that person is an elector of the township.



(401 amended Nov. 29, 2006, P.L.1473, No.166)

 

Compiler's Note:  Section 9(2)(ii) of Act 167 of 2006 provided that section 401 is repealed insofar as it is inconsistent with Act 167.



Compiler's Note:  Section 5 of Act 166 of 2006, which amended section 401, provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.

Section 402.  Officers to be Elected.--(a)  Except as provided in subsection (b), the electors of each township shall elect three supervisors, three auditors and one tax collector. No person shall at the same time hold more than one elective township office. ((a) amended Nov. 29, 2006, P.L.1473, No.166)

(b)  Upon petition of at least five percent of the electors of the township or under a resolution of the board of supervisors and upon approval by a majority of those electors voting at the next municipal or general election, there shall be elected two additional supervisors. The referendum petition or resolution of the board of supervisors certified by the township secretary shall be filed with the county board of elections not later than the thirteenth Tuesday before the next municipal or general election. The county board of elections shall place the question before the electors as provided under the act of June 3, 1937 (P.L.1333, No.320), known as the "Pennsylvania Election Code." The form of the question shall be as follows:

Should two additional supervisors be elected to serve in this township?

The county board of elections shall tabulate and publish the results of the referendum within thirty days of the election. The total number of supervisors shall not exceed five. In no event shall the question of additional supervisors be voted on more than once in any three-year period.

(c)  At the first municipal election following approval at a general election of the question providing for the election of two additional supervisors, one of the additional supervisors shall be elected for a term of four years and one for a term of six years, each to serve from the first Monday of January after the election. At the first general election following approval at a municipal election of the question providing for the election of two additional supervisors, one of the additional supervisors shall be elected for a term of three years and one for a term of five years, each to serve from the first Monday of January after the election. After that time, the additional supervisors shall be elected for terms of six years each to serve from the first Monday of January after the election.

(d)  In townships in which the electorate has opted for a five-member board, the township shall return to a three-member board of supervisors upon petition of at least five percent of the electors of the township, or under a resolution of the board of supervisors, and upon approval by a majority of electors voting at the next municipal or general election. The referendum petition shall be filed with the county board of elections not later than the thirteenth Tuesday before the next municipal or general election. The county board of elections shall place the question before the electors as provided under the "Pennsylvania Election Code." The form of the question shall be as follows:



Should this township return to a three-member board of supervisors?

The county board of elections shall tabulate and publish the results of the referendum within thirty days of the election. In no event shall the question of reducing the five-member board of supervisors be voted on more than once in any five-year period.

(e)  At the first municipal election following approval of the question providing for a return to a three-member board, three supervisors shall be elected to serve from the first Monday of January after the election, when the terms of the officers of the five-member board of supervisors shall cease. The three candidates receiving the highest number of votes for the office of supervisor shall be elected. The candidate receiving the highest number of votes shall serve for a term of six years. The candidate receiving the second highest number of votes shall serve for a term of four years. The candidate receiving the third highest number of votes shall serve for a term of two years. After that, supervisors shall be elected under section 403.

 

Compiler's Note: Section 9(2)(ii) of Act 167 of 2006 provided that section 402 is repealed insofar as it is inconsistent with Act 167.



Compiler's Note: Section 5 of Act 166 of 2006, which amended subsec. (a), provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.

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 403.  Supervisors.--(a)  Except as provided under section 402(b) for the election of additional supervisors or under section 402(e) for a return to a three-member board, or when vacancies create shorter terms, at each municipal election, the electors of each township shall elect one supervisor to serve for a term of six years from the first Monday of January after the election.

(b)  Except as otherwise provided in this act, no supervisor shall at the same time hold any other elective or appointive township office or position. Nothing in this subsection shall prohibit a supervisor from being a member of a township planning commission created under the act of July 31, 1968 (P.L.805, No.247), known as the "Pennsylvania Municipalities Planning Code."

(c)  Supervisors shall reside in the township from which elected and shall have resided in that township continuously for at least one year before their election.

Section 404.  Auditors.--(a)  Except when vacancies create shorter terms, at each municipal election, the electors of each township shall elect one auditor to serve for a term of six years from the first Monday of January after the election. Auditors shall reside in the township from which elected and shall have resided in that township continuously for at least one year immediately preceding their election.

(b)  No auditor shall at the same time hold any other elective or appointive township office or position or be an employe of the township for which he has been elected or appointed. ((b) amended Dec. 18, 1996, P.L.1142, No.172)

(c)  In the event that there concurrently exists two or more vacancies for the position of township auditor, a person shall be ineligible to seek nomination or election to fill more than one such vacancy.

Section 405.  Assessor.--(405 deleted by amendment Nov. 29, 2006, P.L.1473, No.166 and repealed Nov. 29, 2006, P.L.1477, No.167)

 

Compiler's Note:  Section 5 of Act 166 of 2006, which deleted section 405, provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.

Section 406.  Tax Collector.--(a)  At the municipal election in the year 1993 and at the municipal election every four years after that, the electors of each township shall elect one tax collector to serve for a term of four years, except when vacancies create shorter terms, from the first Monday of January after the election. Tax collectors shall reside in the township from which elected and shall have resided in that township continuously for at least one year immediately preceding their election.

(b)  If the electors of any township fail to choose a tax collector or if any person elected to the office fails to give the required bond or to take the required oath, the vacancy shall be filled under section 407.

Section 407.  Vacancies in General.--If the electors of any township fail to choose a supervisor, tax collector or auditor, or if any person elected to any office fails to serve in the office, or if a vacancy occurs in the office by death, resignation, removal from the township or otherwise, the board of supervisors may appoint a successor who is an elector of the township and has resided in that township continuously for at least one year prior to their appointment, and, upon their failure to make the appointment within thirty days after the vacancy occurs, the vacancy shall be filled within fifteen additional days by the vacancy board. The vacancy board shall consist of the board of supervisors and one elector of the township, who shall be appointed by the board of supervisors at the board's first meeting each calendar year or as soon after that as practical and who shall act as chairman of the vacancy board. If the vacancy board fails to fill the position within fifteen days, the chairman shall, or if there is a vacancy in the chairmanship the remaining members of the vacancy board shall, petition the court of common pleas to fill the vacancy. If two or more vacancies in the office of supervisor occur on a three-member board or three or more vacancies on a five-member board, the court of common pleas shall fill the vacancies upon presentation of petition signed by not less than fifteen electors of the township. The successor so appointed shall hold the office until the first Monday in January after the first municipal election which occurs more than sixty days after the vacancy occurs, at which election an eligible person shall be elected for the unexpired term.

(407 amended Nov. 29, 2006, P.L.1473, No.166)

 

Compiler's Note:  Section 9(2)(ii) of Act 167 of 2006 provided that section 407 is repealed insofar as it is inconsistent with Act 167.



Compiler's Note:  Section 5 of Act 166 of 2006, which amended section 407, provided that elected assessors in office in townships of the second class as of the effective date of section 5 shall serve the remainder of their unexpired terms. Thereafter, assessors shall neither be elected nor appointed.

 

ARTICLE V



TOWNSHIP OFFICERS GENERALLY

 

Section 501.  Oath of Office.--Every person elected or appointed to any township office shall before assuming the duties of the office take and subscribe an oath or affirmation before a notary public, district justice or judge to support the Constitutions of the United States and of the Commonwealth and to perform the duties of the office with fidelity. A copy of the oath or affirmation shall be filed with the township secretary before assuming the duties of the office.



 

Compiler's Note: Section 3(3) of Act 76 of 2008 provided that all acts and parts of acts are repealed insofar as they are inconsistent with Act 76. Section 1 of Act 76 amended 53 Pa.C.S. Ch. 11 (relating to general provisions) by adding section 1141 (relating to form of oaths of office), which provides the form of oaths of office for elected or appointed officials of municipalities.

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 502.  Bonds.--When any officer or employe of any township is required to give bond for the faithful performance of the duties of the office, the bond shall be with a surety company or other company authorized by law to act as surety, and the township may pay the premium on the bond.

Section 503.  Removal of Township Officers and Appointees.--Whether elected or duly appointed to fill a vacancy in elective office, a township officer shall be removable from office only by impeachment, or by the Governor for reasonable cause after due notice and full hearing on the advice of two-thirds of the Senate, or upon conviction of misbehavior in office, or of an infamous crime in accordance with the Constitution of Pennsylvania, but the officer's title to office may be tried by proceedings of quo warranto as provided by law.

(503 amended Nov. 24, 2015, P.L.426, No.68)

 

ARTICLE VI



TOWNSHIP SUPERVISORS

 

Section 601.  Supervisors and Government of Townships.--Townships shall be governed and supervised by boards of supervisors. Boards of supervisors shall consist of three members or, if approved by the electors under section 402(b), five members.



Section 602.  Organization Meeting; Appointment of Secretary and Treasurer.--(a)  The board of supervisors shall meet at a convenient time and place on the first Monday in January of each year. If the first Monday is a legal holiday, the meeting shall be held the following day. The board of supervisors shall elect one member as chairman and another as vice-chairman, and it shall appoint a treasurer and a secretary. The secretary shall be an individual; however, the board of supervisors may select either a trust company, a banking institution or an individual to serve as treasurer, or the board of supervisors may appoint one individual to serve as both secretary and treasurer. Members of the board of supervisors may be appointed as secretary-treasurer, secretary or treasurer. With regard to boards of supervisors which are designated as three-member boards, any supervisor who is to be considered by the board for any appointed township position or for employment by the township as authorized by law shall not be excluded from voting on the issue of such appointment or employment. Action taken by a supervisor shall be deemed to be within the scope of authority as a supervisor and shall not be deemed to constitute an illegal or an improper conflict of interest. ((a) amended Dec. 18, 1996, P.L.1142, No.172)

(b)  The meeting under this section may be considered a regular monthly meeting of the board of supervisors. The first order of business at this meeting shall be organization of the board of supervisors.

(c)  The board of supervisors may appoint a supervisor to be employed as roadmaster, laborer, secretary, treasurer, assistant secretary, assistant treasurer or in any employe capacity not otherwise prohibited by this or any other act.

(d)  The board of supervisors may authorize a supervisor who is employed by the township to be compensated at the supervisor's regular employe rate and a supervisor who is not employed by the township to receive total or partial reimbursement for lost wages or salary if the supervisor's presence is required in a court of law concerning a township-related matter or the supervisor's attendance is required at any meeting of a board, council of government, commission, authority or county government-sponsored committee to which the supervisor has been appointed by the board of supervisors, board of county commissioners or county council of the county in which the supervisor resides. The compensation may be granted at the discretion of the board of supervisors, and any rate may be granted to the supervisor up to the supervisor's normal pay rate or lost wages or salary. This subsection shall be subject to the following conditions:

(1)  The court must be in session or other meeting must occur during the supervisor's normal working hours.

(2)  The supervisor must not receive any compensation from the other board, council of government, commission, authority or county government committees for the particular meeting the supervisor attends.

(3)  No supervisor may be compensated for attending more than 120 hours of court sessions, other board, council of government, commission, authority or county government committee meetings within a calendar year. The secretary or manager of the township shall keep an accurate and timely accounting of the number of hours that a supervisor has accrued.

((d) added July 7, 2006, P.L.718, No.101)

Section 603.  Monthly Meetings; Quorum; and Voting.--The board of supervisors shall meet for the transaction of business at least once each month at a time and place determined by the board of supervisors. A quorum is two members of a three-member board of supervisors or three members of a five-member board of supervisors. An affirmative vote of a majority of the entire board of supervisors at a public meeting is necessary in order to transact any business. A member of the board shall not be disqualified from voting on any issue before the board solely because the member has previously expressed an opinion on the issue in either an official or unofficial capacity.

(603 amended Apr. 2, 2002, P.L.216, No.21)

Section 604.  Special Meetings.--Upon call of the chairman or by agreement of a majority of its members, the board of supervisors may schedule special meetings of the board of supervisors after notice required under the act of July 3, 1986 (P.L.388, No.84), known as the "Sunshine Act." Notice of a special meeting shall state the nature of the business to be conducted at the meeting.

 

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