8 Pa.C.S. Ch. 1

in effect

8 Pa.C.S. § 101 Short title of part.

This part shall be known and may be cited as the Borough Code.

8 Pa.C.S. § 101.1 Definitions.

The following words and phrases when used in this part shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Abutting property" or "abutting real estate." In reference to any street, the term shall mean any property physically adjoining the street, regardless of what the reversion rights in the street may be and regardless of where the lot lines may be in relation to the street. "Council." A borough council. "Highway." A State highway of this Commonwealth. "Latest official census." The later of any of the following: (1) The most recent Federal decennial census. (2) A census conducted later in time than the census under paragraph (1) by the United States Census Bureau. "Municipal corporation." A city, borough, incorporated town, township of the first or second class or any home rule municipality other than a county. "Municipality." A municipal corporation or a county. "Pennsylvania Construction Code." The act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act. "Pennsylvania Municipalities Planning Code." The act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code. "Street." Any street, road, lane, court, cul-de-sac, alley, public way and public square.

8 Pa.C.S. § 102 Excluded provisions.

This part shall not include any provisions and shall not be construed to repeal any acts relating to: (1) The assessment and valuation of property and persons for the purpose of taxation and the collection of taxes, except as provided in this part. (2) The collection of municipal claims by liens. (3) The method of incurring or increasing indebtedness. (4) Conduct of elections. (5) Public schools. (6) The powers and duties of borough and ward constables. (7) Magisterial district judges. (8) The giving of municipal consent to public utilities. (9) State highways. (10) Validations of elections, bonds, ordinances and acts of corporate officers. (11) 18 Pa.C.S. (relating to crimes and offenses). (12) 75 Pa.C.S. (relating to vehicles). Cross References. Section 102 is referred to in section 3501 of this title.

8 Pa.C.S. § 103 Construction of part.

(a) Continuation.--The following shall apply: (1) The provisions of this part that are the same as those of laws existing on January 1, 1966, are intended as a continuation of laws existing on January 1, 1966, and not as new enactments. (2) The repeal by this part of any act or part of an act shall not revive any act or part repealed or superseded nor affect the corporate existence of any incorporated borough. (3) The provisions of this part shall not affect any of the following: (i) Any act done, liability incurred or right accrued or vested. (ii) Any suit or prosecution pending or to be instituted to enforce any right or penalty or punish any offense under the authority of the repealed laws. (4) All ordinances, resolutions, regulations and rules made under any act repealed under this part shall continue with the same force and effect as if the act had not been repealed to the extent that the ordinances, resolutions, regulations and rules could have been made under this part. (5) Any individual holding office under any act repealed by this part shall continue to hold office until the expiration of the term, subject to the conditions attached to the office prior to January 1, 1966. (b) Powers and duties.--Borough council shall have the corporate powers and duties and borough officials shall have the powers and duties under this part and as provided in other laws to the extent that the powers and duties are not repealed under this part.

8 Pa.C.S. § 104 Constitutional construction.

The provisions of this part are severable. If any provision of this part or its application to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this part which can be given effect without the invalid provision or application. Cross References. Section 104 is referred to in section 1302.1 of this title.

8 Pa.C.S. § 105 Construction of references.

If reference is made in this part to any act, the reference shall apply to and include any codification in which the provisions of the act referred to are substantially reenacted.

8 Pa.C.S. § 106 Application.

(a) General.--This part shall apply to all boroughs. (b) Prior acts.--This part shall not annul or repeal any local or special act or part of a local or special act in force on January 1, 1966. (c) Local law.--The following shall apply: (1) The provisions of this part similar to the provisions of the former act of May 14, 1915 (P.L.312, No.192), entitled "An act providing a system of government for boroughs, and revising, amending, and consolidating the law relating to boroughs," shall apply to boroughs incorporated under local laws in the same manner as similar provisions of the former act of May 4, 1927 (P.L.519, No.336), entitled "An act concerning boroughs, and revising, amending and consolidating the law relating to boroughs," were extended to boroughs acting under local laws. (2) If a provision of this part conflicts with a special or local law applicable to a borough that has not been surrendered, the provisions shall be construed so that effect may be given to both. If the conflict between the provisions is irreconcilable, the provision in the local or special law shall prevail.

8 Pa.C.S. § 107 Acceptance.

(a) Petition.--The following shall apply: (1) A borough incorporated or acting under any local or special act may surrender the provisions of its special and local acts in their entirety or as they are inconsistent with this part and be governed by this part by presenting a petition to the court of common pleas of the county setting forth the desire of the borough to accept the provisions of this part. (2) The petition under paragraph (1) shall indicate whether it is the desire of the borough to surrender all of its special and local acts or to retain its special and local acts that are not inconsistent with this part. (3) If the petition indicates a desire to retain local or special acts, it shall indicate the local or special acts to be retained. The petition shall be made by the council or by at least 10% of the registered electors of the borough as of the date the petition is filed. (b) Hearing.--The following shall apply: (1) Upon the presentation of a petition under subsection (a), the court shall set and provide notice of a hearing date. An inhabitant of the borough may remonstrate against the granting of the petition at the hearing. (2) If the court grants the petition, the decree of the court shall be recorded in the office for the recording of deeds, and the borough shall be subject to this part and any local or special acts retained as set forth in the petition. On and after the date of the decree, any local or special act applicable to the borough shall no longer apply to the borough if it is inconsistent with this part or has been surrendered. (c) Force and effect.--If a borough accepts this part under this section, all of the following shall continue with the same force and effect as if no acceptance had been made: (1) Liabilities incurred. (2) Rights accrued or vested. (3) Obligations issued or contracted. (4) Suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or to punish any offense committed prior to the acceptance. (5) Ordinances. Cross References. Section 107 is referred to in section 107.1 of this title.

8 Pa.C.S. § 107.1 Acceptance by incorporated towns.

(a) Partial acceptance.--The following shall apply: (1) An incorporated town incorporated or acting under a local or special act may, by ordinance, elect to be governed by the provisions of this part and shall surrender any provisions of its special and local acts that are inconsistent with this part adopted by the incorporated town. (2) An ordinance under paragraph (1) shall indicate the provisions of this part to be adopted and, if applicable, the provisions of the incorporated town's special and local acts to be surrendered. (3) On and after the effective date of the ordinance and until the ordinance may be repealed or amended, the provisions of this part indicated in the ordinance shall be the law applicable to the incorporated town, and the provisions of any local or special acts, to the extent surrendered as indicated in the ordinance, shall not apply to the incorporated town. (b) Full acceptance.--An incorporated town incorporated or acting under any local or special act may elect to accept this part in its entirety and surrender all local and special acts by petition as set forth in section 107 (relating to acceptance). If an incorporated town accepts this part in its entirety and surrenders all local and special acts, the incorporated town shall become a borough, and the decree of the court permitting the acceptance shall indicate the name of the new borough. (c) Force and effect.--The following shall apply: (1) If an incorporated town accepts this part under this section, all of the following shall continue with the same force and effect as if no acceptance had been made: (i) Liabilities incurred. (ii) Rights accrued or vested. (iii) Obligations issued or contracted. (iv) Suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or punish any offense committed prior to acceptance. (v) Ordinances. (2) An incorporated town shall not have the power to alter or amend any provision of this part that has been adopted in accordance with this section or section 107.

8 Pa.C.S. § 109 Publication of notices.

(a) Newspaper of general circulation.--If, in this part, notice is required to be given in one newspaper of general circulation, the notice shall be published in one of the following: (1) A newspaper of general circulation as defined in 45 Pa.C.S. § 101 (relating to definitions) which is published and circulated in each borough affected. (2) A newspaper of general circulation, circulated in each borough affected, which has a bona fide paid circulation equal to or greater than any newspaper published in each borough affected by the notice. (b) Legal newspaper.--Unless dispensed with by special order of court, the notice required to be published in a newspaper of general circulation shall also be published in the legal newspaper for the county of the borough affected, if the notice refers to any of the following: (1) Any proceeding in any court. (2) The holding of elections for the increase of indebtedness or the sale of bonds. Cross References. Section 109 is referred to in section 202 of this title.

8 Pa.C.S. § 110 Terms of existing officers.

This part shall not be construed as affecting or terminating the term of any officer of a borough holding office on January 1, 1966.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=08Fetched: 10/16/2026