73 Pa.C.S. Ch. 43

in effect

73 Pa.C.S. § 4301 Suits and property.

A township may: (1) Sue and be sued. (2) Have and use a corporate seal and alter the seal. (3) Purchase, exchange, acquire by gift or otherwise, hold, lease, let and convey, by sale or lease, real and personal property deemed to be in the best interest of the township subject to the restrictions, limitations or exceptions as specified in this part.

73 Pa.C.S. § 4302 Real property.

(a) When advertisement required.--Real estate owned by the township may not be sold for a consideration in excess of $6,000 except to the highest bidder after due notice by advertisement for bids or advertisement of a public auction. (b) Advertisement requirements.--The advertisement shall be published once in one newspaper of general circulation not fewer than 10 days prior to the date scheduled for the opening of bids or public auction. The date for opening bids or public auction shall be announced in the advertisement. (c) Award of contracts and bids.-- (1) The award of contracts shall be made only by public announcement at a regular or special meeting of the board of commissioners or at the public auction. (2) A bid shall be accepted on the condition that payment of the purchase price in full shall be made within 60 days of the acceptance of a bid unless otherwise specified in the bid advertisement. (3) If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for services, the purchase of goods and the sale of real and personal property where no bids are received," shall be followed. (d) Fair market value.--The board of commissioners shall have the authority to reject all bids if the bids are deemed to be less than the fair market value of the real property. In the case of a public auction, the board of commissioners may establish a minimum bid based on the fair market value of the real property. (e) When advertisement not required.--Real estate owned by a township may be sold for a consideration of $6,000 or less without advertisement or competitive bidding only after the board of commissioners estimates the value of the property upon receipt of an appraisal by a qualified real estate appraiser. Prior to selling real estate valued at $6,000 or less without advertisement or competitive bidding, the board of commissioners shall make a public announcement of the board's intention to sell the real estate at a regular or special meeting of the board at least 30 days prior to the sale. (f) Exchanges.-- (1) Notwithstanding this section, the board of commissioners shall have the authority to exchange real property for real property of equal or greater value without complying with this section if the property being acquired by the township is to be used for municipal purposes. For purposes of this paragraph, "municipal purposes" include a subsequent sale or lease of the property to any of the entities listed in section 4304 (relating to exceptions). (2) A conveyance of real property acquired in an exchange to an entity listed in section 4304 may contain a clause under which the lands and buildings will revert to the township if they are no longer being used for the purposes of the entity. (3) If the board of commissioners chooses to exercise its power of real property exchange under this section, it shall be by resolution adopted by the board of commissioners. Notice of the resolution, including a description of the properties to be exchanged, shall be published once in one newspaper of general circulation not more than 60 days nor fewer than seven days prior to adoption. (4) Participation in a real property exchange may not prohibit the application of the requirements of the act of October 4, 1978 (P.L.851, No.166), known as the Flood Plain Management Act. Cross References. Section 4302 is referred to in section 7337 of this title.

73 Pa.C.S. § 4303 Personal property.

(a) Approval, fair market value and advertisement.--Except as provided in subsection (d), township personal property may not be disposed of, by sale or otherwise, except upon approval of the board of commissioners. The following apply: (1) If the board of commissioners approves a sale of property, the board of commissioners shall estimate the fair market value of the entire lot to be disposed of. (2) If the board of commissioners estimates the fair market value to be $2,000 or more, the entire lot shall be advertised for sale once, in at least one newspaper of general circulation, not fewer than 10 days prior to the date fixed for the opening of bids or public auction. The date of opening of bids or public auction shall be announced in the advertisement, and sale of the property advertised shall be made to the highest bidder. (b) Online or electronic sales.--A public auction of personal property may be conducted by means of an online or electronic auction sale. The following apply: (1) During an electronic auction sale, bids shall be accepted electronically at the time and in the manner designated in the advertisement. (2) During the electronic auction, each bidder shall have the capability to view the bidder's bid rank or the high bid price. The bidder may increase the bidder's bid price during the electronic auction. (3) The record of the electronic auction shall be accessible for public inspection. (4) The purchase price shall be paid by the highest bidder immediately or at a reasonable time after the conclusion of the electronic auction as determined by the board of commissioners. (5) Any incurred shipping costs shall be paid by the highest bidder. (6) A township that has complied with the advertising requirements of this section may provide additional public notice of the sale by bids or public auction in any manner deemed appropriate by the board of commissioners. (7) The advertisement for electronic auction sales authorized in this section shall include the Internet address or means of accessing the electronic auction and the date, time and duration of the electronic auction. (c) Rejection of bids.--The board of commissioners may reject any bids received if the bids are believed to be less than the fair market value of the property. If no compliant bids are received after advertisement, the applicable procedures in the act of October 27, 1979 (P.L.241, No.78), entitled "An act authorizing political subdivisions, municipality authorities and transportation authorities to enter into contracts for services, the purchase of goods and the sale of real and personal property where no bids are received," shall be followed. (d) Surplus personal property.--The board of commissioners shall, by resolution, adopt a procedure for the sale of surplus personal property, either individual items or lots of items, of an estimated fair market value of less than $2,000. The approval of the board of commissioners shall not be required for an individual sale that is made in conformity with the procedure. (e) Trades or exchanges.--The provisions of this section shall not be mandatory if township personal property is to be traded in or exchanged for new or used personal property being acquired by the township, except that the trade or exchange shall be by resolution.

73 Pa.C.S. § 4304 Exceptions.

(a) Advertising and highest bidder.--Nothing under this chapter requiring advertising for bids or sale at public auction and sale to the highest bidder shall apply if township real or personal property is to be sold to any of the following: (1) A county, city, borough, town, township, institution district, school district, volunteer fire company, volunteer ambulance service or volunteer rescue squad located within the township. (2) A council of government, consortium, cooperative or other similar entity created under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). (3) An authority as defined in 53 Pa.C.S. § 5602 (relating to definitions) or an authority or industrial and commercial development authority as defined in section 3 of the act of August 23, 1967 (P.L.251, No.102), known as the Economic Development Financing Law. (4) A nonprofit corporation engaged in community, industrial, commercial or affordable housing development or reuse. (5) A person for the person's exclusive use in an industrial development program. (6) A nonprofit corporation organized as a public library. (7) A nonprofit medical service corporation as authorized by section 4353 (relating to sale of real or personal property to nonprofit medical service corporation). (8) A nonprofit housing corporation as authorized under section 4354 (relating to sale of real or personal property to nonprofit housing corporation). (b) Nominal consideration.--If real property is to be sold to a nonprofit corporation organized as a public library, to a nonprofit medical service corporation or to a nonprofit housing corporation, the board of commissioners may elect to accept nominal consideration for the sale as the board deems appropriate. (c) Reversion.--Real property sold under this section to a volunteer fire company, volunteer ambulance service, volunteer rescue squad, nonprofit medical service corporation or nonprofit housing corporation shall be subject to the condition that when the property is not used for the purposes of the company, service, squad or corporation, the property shall revert to the township. Cross References. Section 4304 is referred to in section 4302 of this title.

73 Pa.C.S. § 4305 Surcharge from sale or lease.

A commissioner who votes in favor of or knowingly participates in the sale or lease of township real or personal property in violation of this chapter is subject to a surcharge to the extent of any loss or injury to the township as a result of the sale or lease.

73 Pa.C.S. § 4306 General powers.

The board of commissioners may make and adopt ordinances, bylaws, rules and regulations not inconsistent with or restrained by the Constitution and laws of this Commonwealth as may be expedient or necessary for: (1) The proper management, care and control of the township and the township's finances. (2) The maintenance of peace, good government and welfare of the township and the township's trade, commerce and manufactures.

73 Pa.C.S. § 4307 Specific powers.

The corporate power of a township of the first class shall be vested in a board of commissioners. The following apply: (1) In the exercise of specific powers involving the enactment of an ordinance, passage of a resolution or the making of a regulation, restriction or prohibition, the township may provide for enforcement and penalties for violations. (2) The specific powers of the township shall include the powers provided under this chapter.

73 Pa.C.S. § 4308 Officers, positions and departments.

(a) Creation and compensation.--The board of commissioners may create an office, position or department that the board deems necessary for the good of government and interests of the township and may fix the compensation of appointed individuals. (b) Employees.--The board of commissioners may provide for and regulate the manner of hiring and discharging employees and the fixing of salaries or compensation, consistent with applicable Federal and State law.

73 Pa.C.S. § 4309 Police force.

The board of commissioners may establish, equip, maintain and define the duties of a police force.

73 Pa.C.S. § 4310 Lockup facilities.

The board of commissioners may provide for lockup facilities in the township for the temporary detention and confinement of individuals.

73 Pa.C.S. § 4311 Rewards.

The board of commissioners may offer rewards for information leading to the arrest and conviction of an individual guilty of a crime within the township.

73 Pa.C.S. § 4312 Disorderly conduct.

The board of commissioners may, by ordinance, prohibit disorderly conduct within the limits of the township and provide for the imposition of penalties for the conduct in accordance with this part. An enacted ordinance shall define disorderly conduct in a manner substantially similar to the provisions of 18 Pa.C.S. § 5503 (relating to disorderly conduct).

73 Pa.C.S. § 4313 Public safety.

The board of commissioners may take all necessary means to secure the safety of persons or property within the township.

73 Pa.C.S. § 4314 Fire protection.

The board of commissioners may: (1) Appropriate money for the use of the township or to fire companies providing fire protection to the township for the purchase, operation and maintenance of fire engines and fire apparatus and for the construction, repair and maintenance of fire stations. (2) Contract with or make grants to near or adjacent municipal corporations or volunteer fire companies for fire protection in the township. (3) By ordinance or resolution, make rules and regulations for the government of fire companies providing fire protection to the township and their officers.

73 Pa.C.S. § 4315 Building and housing regulations.

In addition to other remedies provided by law, the board of commissioners may enact and enforce suitable ordinances relating to building and housing regulations in accordance with Chapter 75 (relating to Uniform Construction Code, property maintenance code and reserved powers).

73 Pa.C.S. § 4316 Numbering buildings.

The board of commissioners may, by ordinance, require and regulate the numbering of buildings and lots.

73 Pa.C.S. § 4317 Regulation of business.

To provide for the prohibition, licensing and regulation of business, a board of commissioners may: (1) In addition to licensing in accordance with Chapter 71 (relating to licenses and license fees), prohibit, license and regulate by ordinance the following: (i) The carrying on of any manufacture, art or business that may be noxious or offensive and prejudicial to the public health or safety of the inhabitants. (ii) The establishment and maintenance of junk yards, salvage yards and other places used and maintained for the collection, storage and disposal of used or second-hand goods and materials. (iii) With respect to marketplaces: (A) Regulating markets, whether for individual use or for resale. (B) Purchasing and owning ground. (C) Erecting, establishing and maintaining marketplaces for which parts of a street or sidewalk may be temporarily used. (D) Contracting with a person for the erection, maintenance and regulation of marketplaces, on terms and conditions and in a manner as the board of commissioners prescribes. (E) Providing and enforcing suitable regulations respecting marketplaces. (F) Providing for the payment of the cost or expense of marketplaces, either in whole or in part, out of the funds of the township. (G) Levying and collecting a suitable license fee from each person who may be authorized by the board of commissioners to occupy a portion of a marketplace or a portion of a street or sidewalk for temporary market purposes. (2) Notwithstanding paragraph (1), prohibit, license and regulate businesses unless prohibited by law. (3) Issue licenses under the act of July 31, 1963 (P.L.410, No.217), entitled "An act regulating and licensing all sales at retail when such sales are advertised as 'Closing Out Sale,' 'Fire, Smoke or Water Damage Sale,' or 'Defunct Business Sale,' with exceptions; requiring filing of inventory and bond; and providing for appeals and penalties."

73 Pa.C.S. § 4318 Nuisances and dangerous structures.

(a) Authorization.--A board of commissioners may prohibit and remove a nuisance or dangerous structure on public or private grounds, including, weeds, accumulations of municipal waste, the storage of abandoned or junked automobiles and obstructions or nuisances in the streets of the township. (b) Powers.--The board of commissioners may: (1) require the removal of a nuisance or dangerous structure by the owner or occupier of the grounds; or (2) in default of the removal by the owner or occupier of grounds under paragraph (1), remove the nuisance or dangerous structure itself and collect the cost of removal, together with a penalty of 10% of the cost, in the manner provided by law for the collection of municipal claims, or by action of assumpsit without the filing of a claim, or the township may seek relief by bill in equity.

73 Pa.C.S. § 4319 Municipal waste.

(a) Authorization.--In the manner authorized by the act of July 7, 1980 (P.L.380, No.97), known as the Solid Waste Management Act, and the act of July 28, 1988 (P.L.556, No.101), known as the Municipal Waste Planning, Recycling and Waste Reduction Act, a board of commissioners may prohibit accumulations of municipal waste on public and private property, including the imposition and collection of reasonable fees and charges for the collection, removal and disposal of the municipal waste. As used in this subsection, "municipal waste" shall have the same meaning as given to the term in the Municipal Waste Planning, Recycling and Waste Reduction Act. (b) Collection and removal.-- (1) The board of commissioners may collect and remove, by contract or otherwise, municipal waste and recyclable materials and prescribe penalties for the enforcement of the collection and removal. (2) Except as provided in paragraph (3), a contract with refuse haulers may be made for an initial period not exceeding five years with optional renewal periods of up to five years. (3) Paragraph (2) shall not apply to a contract with another political subdivision or with a municipal authority. (c) Disposal.-- (1) The board of commissioners may dispose of, by contract or otherwise, municipal waste. (2) Except as provided in paragraph (3), a contract with the owner of a private facility for the disposal or incineration of municipal waste may be made for a period not to exceed 20 years. (3) Paragraph (2) shall not apply to a contract with another political subdivision or with a municipal authority. (d) Powers.--The board of commissioners may: (1) Acquire real property and erect, maintain, improve, operate and lease, either as lessor or lessee, facilities for incineration, landfill or other methods of disposal, either inside or outside the limits of the township, including equipment, either separately or jointly, with another political subdivision or with a municipal authority to provide for any of the following: (i) The collection, removal, disposal and destruction of municipal waste. (ii) The collection and storage of recyclable materials. (iii) The composting of leaf and yard waste. (2) Provide for the payment of the cost, either in whole or part, out of the funds of the township. (3) Acquire land for landfill purposes and maintain lands and places for the dumping of municipal waste. (e) Rates and charges.--The board of commissioners may establish, alter, charge and collect rates and other charges for any of the following: (1) The collection, removal and disposal of municipal waste and recyclable materials. (2) The cost of including the payment of indebtedness incurred for the construction, purchase, improvement, repair, maintenance and operation of facilities for collection, removal and disposal. (3) The amount due under a contract with another political subdivision or with a municipal authority furnishing the services or facilities. (f) Funding.--The board of commissioners may make appropriations to another political subdivision or a municipal authority out of the township's general funds, or out of any other available funds, for the construction, purchase, improvement, repair, maintenance and operation of a facility for the collection, removal, disposal or marketing of municipal waste, recyclable materials or composted leaf and yard waste. (g) Recycling.--A township shall not be subject to requirements otherwise imposed by law for the sale of personal property owned by the township when selling recyclable materials or materials separated, collected, recovered or created by recycling, as provided in the act of April 9, 1992 (P.L.70, No.21), entitled "An act excluding the sale of recyclable material from political subdivision personal property sale restrictions relating to advertising and bidding."

73 Pa.C.S. § 4320 Fireworks and inflammable articles.

In conformity with Federal and State laws and regulations, the board of commissioners may, with respect to fireworks and inflammable articles: (1) Regulate and prohibit, by ordinance, the manufacture of fireworks or inflammable or dangerous articles. (2) Grant permits for display fireworks and adopt rules and regulations governing the displays. (3) Adopt, by ordinance, rules and regulations relating to the storage of inflammable articles. (4) Impose, by ordinance, other safeguards concerning fireworks and inflammable articles as may be necessary for the health, safety and welfare of the public.

73 Pa.C.S. § 4321 Smoke regulations.

The board of commissioners may regulate the emission of smoke from chimneys, smokestacks and other sources, except locomotive smokestacks, to the extent that the regulation is not otherwise prohibited by applicable Federal or State law.

73 Pa.C.S. § 4322 Prohibition of fire-producing devices and smoking.

The board of commissioners may prohibit and regulate the smoking or carrying of lighted cigarettes, cigars, pipes or matches and the use of matches or fire-producing devices. An ordinance enacted or regulation or resolution adopted under this section shall not regulate smoking in a manner that conflicts with the act of June 13, 2008 (P.L.182, No.27), known as the Clean Indoor Air Act.

73 Pa.C.S. § 4323 Animals.

The board of commissioners may prohibit or regulate, by ordinance, the following: (1) The running at large of dogs and direct the seizure, detention or euthanization of dogs running at large, including reasonable associated charges, and provide for the sale of the dogs for the benefit of the township. (2) The running at large of other animals and authorize their seizure and detention, including reasonable associated charges, and provide for sale of the animals for the benefit of the township.

73 Pa.C.S. § 4324 Regulation of foundations, party walls and partition fences.

(a) General rule.--Subject to the provisions of and regulations adopted under the act of November 10, 1999 (P.L.491, No.45), known as the Pennsylvania Construction Code Act, and other applicable law, the board of commissioners may provide regulations for foundations, party walls and partition fences. (b) Fees authorized.--The board of commissioners may prescribe and enforce reasonable fees for the services of its officers and agents in the adjustment of party walls, partition fences and similar items.

73 Pa.C.S. § 4325 Ambulances and rescue and lifesaving services.

The board of commissioners may: (1) Acquire, operate and maintain motor vehicles for the purposes of transporting sick and injured individuals to and from hospitals. (2) Appropriate funds toward ambulance and rescue and lifesaving services. (3) Enter into contracts relating to rescue and lifesaving services.

73 Pa.C.S. § 4326 Display of flags.

The board of commissioners may display the flag of the United States or the Commonwealth, the official POW/MIA flag or the flag of a county or municipal corporation in this Commonwealth on any public building or grounds of the township.

73 Pa.C.S. § 4327 Health and cleanliness regulations.

The board of commissioners may make regulations as necessary for the health, safety, morals, general welfare, cleanliness, beauty, convenience and comfort of the township and its inhabitants.

73 Pa.C.S. § 4328 Public facilities.

The board of commissioners may acquire property for the purposes of providing, maintaining and operating public facilities, such as comfort and waiting stations, drinking fountains and watering troughs.

73 Pa.C.S. § 4329 Hospital appropriations.

The board of commissioners may, in townships having a population of 2,000 inhabitants or more, appropriate money for the support of an incorporated hospital that is engaged in charitable work and extends treatment and medical attention to the residents of the township.

73 Pa.C.S. § 4330 Community nursing services.

The board of commissioners may appropriate money annually to nonprofit associations or corporations that provide for: (1) community nursing services for the elderly and other needy persons; (2) the control of communicable disease; (3) the immunization of children; (4) the operation of child health centers; or (5) instructive visits to parents of new babies beginning in the prenatal period and family health guidance, including nutrition and detection and correction of defects.

73 Pa.C.S. § 4331 Parking and parking lots.

(a) General rule.--The board of commissioners may: (1) Regulate parking and parking lots and provide parking accommodations to promote the convenience and protection of the public. (2) Establish or designate, at the board's discretion, areas exclusively reserved for parking by handicapped individuals and post signs regulating the areas. (3) Erect parking meters and regulate parking meter charges. (4) Acquire by gift, purchase, lease or eminent domain, lands that the board deems necessary or desirable for the purpose of establishing and maintaining parking lots. (5) Plan, design, locate, hold, construct, improve, maintain, operate, own or lease, either in the capacity of lessor or lessee, and install facilities and equipment on any land to be devoted to the parking of vehicles. (b) Fines and fees.--Consistent with 75 Pa.C.S. (relating to vehicles), the right to regulate the use of the lots shall include the right to impose fines and fees for violation of any law or ordinance regulating parking. (c) Construction.--Nothing in this section may be construed to limit statutory and regulatory protections and prohibitions relating to the rights of individuals with disabilities.

73 Pa.C.S. § 4332 Appropriations for certain streets.

The board of commissioners may appropriate money annually for improvements to a street which is located wholly or partially within the township and has been adversely affected by parking availability as determined by the board.

73 Pa.C.S. § 4333 Airports.

(a) Acquisition of land.--A township may acquire by grant, lease, purchase or condemnation proceedings, subject to the limitations in 26 Pa.C.S. § 206 (relating to extraterritorial takings), any land lying either within or without the limits of the township which, in the judgment of the board of commissioners, may be necessary and desirable for the purpose of establishing and maintaining a municipal airport, landing field, intermediate landing field, aviation easement or other airport facility. (b) Operation and maintenance.-- (1) A township acquiring land under this section may establish, equip, condition, operate and maintain the land as a municipal airport, landing field, intermediate landing field, aviation easement or other airport facility and may lease the land, or any part, to an individual or corporation desiring to use the land for aviation purposes. (2) A township may enter into a contract in the form of a lease providing for the use of the land, or any part, by the Federal Government for the Federal Government's use of the land for aviation purposes upon nominal rental or without consideration. (c) Joint acquisition, operation and maintenance.--In accordance with this section, a township may acquire land jointly with another municipality for aviation purposes and may jointly establish, operate and maintain a municipal airport, landing field, intermediate landing field, aviation easement or other airport facility on the jointly acquired land in accordance with 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation).

73 Pa.C.S. § 4334 Appropriations for airports.

The board of commissioners may appropriate money to assist a municipality or municipal airport authority to acquire, establish, operate and maintain air navigation facilities lying either within or without the limits of the township.

73 Pa.C.S. § 4335 Purchase and planting of trees.

The board of commissioners may accept, purchase and plant, or contribute to the purchase and planting of, shade trees and shrubs along the streets, highways and sidewalks of the township and exercise care, custody and control of shade trees in accordance with Chapter 73 (relating to parks, recreation centers, shade trees and forests).

73 Pa.C.S. § 4336 Intergovernmental cooperation.

The board of commissioners may enter into agreements under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation) with the following: (1) Other political subdivisions, in accordance with existing laws, to: (i) make joint purchases of materials, supplies or equipment; and (ii) perform governmental powers, duties and functions. (2) The proper authorities of municipal corporations, regional police or fire forces or other public safety or governmental entities created by two or more municipal corporations under 53 Pa.C.S. Ch. 23 Subch. A, for: (i) mutual aid or assistance in police and fire protection or other public safety services or for the furnishing to or receiving from the municipal corporations or governmental entities police and fire protection or other public safety service; and (ii) making appropriations for public safety services. (3) In connection with an agreement under paragraph (2) for police or fire protection or other public safety services, the township shall not be required to advertise for bids or receive bonds as required for contracts under existing law. When an agreement has been entered into, the police, firefighters, fire police or other public safety services of the employing municipal corporation or governmental entity shall have the powers and authority conferred by law on police, firefighters, fire police or other public safety services in the territory of the municipal corporation that has contracted to secure the service.

73 Pa.C.S. § 4337 Widening and deepening of watercourses.

(a) General rule.--After permits have been secured from all applicable agencies, the board of commissioners or an agent or employee of the board may widen and deepen a watercourse running through the township and erect dykes, retaining walls and embankments along the watercourse as necessary to prevent water from overflowing the watercourse's banks. (b) Entry on and condemnation of land.--For purposes under subsection (a), a township may enter and condemn property as may be necessary. A township may enter land lying near the watercourse and secure materials as may be necessary in connection with the work. Damages for property taken, injured or destroyed as the result of the work shall be fixed and determined as provided under 26 Pa.C.S. (relating to eminent domain). (c) Appropriations.--A township may appropriate money to effectuate this section.

73 Pa.C.S. § 4338 Regulation of charges.

The board of commissioners may make and regulate charges for the use of township facilities.

73 Pa.C.S. § 4339 Street, sewer and sidewalk regulations.

(a) General rule.--The board of commissioners may: (1) Regulate the streets, sewers, public squares, common grounds, sidewalks, curbs, gutters, culverts and drains within the township. (2) Regulate the heights, grades, widths, slopes and construction of an item listed under paragraph (1). (3) Grant rights for the installation and maintenance of public utilities in the streets, including pipes, wires, fibers, cables or other utility or service medium. (b) Compliance and applicability of law.--The power granted under subsection (a) shall be exercised in compliance with Federal and State law and shall be subject to the power of the Pennsylvania Public Utility Commission under 66 Pa.C.S. Pt. I (relating to public utility code) to regulate the business, facilities and service of public utilities, including determining the location and installation of utility facilities.

73 Pa.C.S. § 4340 Capital reserve fund.

The board of commissioners may establish and maintain a separate capital reserve fund for anticipated legal capital expenditures subject to the following: (1) The fund shall be designated for a specific purpose or purposes when established. (2) The money in the fund shall be used for the construction, purchase or replacement of or addition to municipal buildings, equipment, machinery, motor vehicles or other capital assets of the township as specified at the time the fund was established and for no other purpose unless the commissioners, by a four-fifths vote, declare that the original purpose or purposes have become impracticable, inadvisable or impossible, or that conditions in the township make other capital expenditures more urgent than those for which the fund was established. (3) The board of commissioners may appropriate money from the general township fund to be paid into the capital reserve fund, or place in the capital reserve fund money received from the sale, lease or other disposition of township property or from another source unless received or acquired for a particular purpose. (4) The fund shall be controlled, invested, reinvested and administered and the money and any income derived from the fund expended for a purpose for which the fund was established in a manner determined by the board of commissioners. (5) The money in the fund, when invested, shall be invested in securities designated by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) as legal investments for sinking funds of municipalities.

73 Pa.C.S. § 4341 Operating reserve fund.

(a) General rule.--The board of commissioners may create and maintain a separate operating reserve fund in order to: (1) Minimize future revenue shortfalls and deficits. (2) Provide greater continuity and predictability in the funding of vital government services. (3) Minimize the need to increase taxes to balance the budget in times of fiscal distress. (4) Provide the capacity to undertake long-range financial planning and to develop fiscal resources to meet long-term needs. (b) Limitation on appropriations.--The board of commissioners may annually make appropriations from the general township fund to the operating reserve fund, but no appropriation may be made to the operating reserve fund if the effect of the appropriation would cause the operating reserve fund to exceed 25% of the estimated revenues of the township's general fund in the current fiscal year. (c) Authorized purposes.--The board of commissioners may, at any time by resolution, make appropriations from the operating reserve fund for the following purposes only: (1) Meet emergencies involving the health, safety and welfare of the residents of the township. (2) Counterbalance potential budget deficits resulting from shortfalls in anticipated revenues or program receipts from any source. (3) Counterbalance potential budget deficits resulting from increases in anticipated costs for goods or services. (4) Provide anticipated operating expenditures related either to the planned growth of existing projects or programs or to establish new projects or programs if, for a project or program, appropriations have been made and allocated to a separate restricted account established within the operating reserve fund. (d) Investment authorized.--The operating reserve fund shall be invested, reinvested and administered in a manner consistent with the provisions of section 4905 (relating to investment of township funds).

73 Pa.C.S. § 4342 Surplus foods.

The board of commissioners may make an appropriation for the handling, storage and distribution of surplus foods obtained through a Federal, State or local agency.

73 Pa.C.S. § 4343 Industrial promotions.

The board of commissioners may make appropriations to an industrial development agency.

73 Pa.C.S. § 4344 Nondebt revenue bonds.

(a) General rule.--The board of commissioners may issue nondebt revenue bonds under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing) to provide sufficient money for and toward the acquisition, construction, reconstruction, extension or improvement of: (1) Municipal facilities, including water systems or facilities. (2) Sewers, sewer systems and sewage disposal systems or facilities. (3) Systems for the treatment or disposal of garbage and refuse. (4) Aeronautical facilities, including airports, terminals and hangars. (5) Park and recreational facilities, including parking lots. (b) Sources of security for nondebt revenue bonds.--Nondebt revenue bonds issued under subsection (a) shall be secured solely by the pledge of the whole or part of the rent, toll or charge for the use or services of the facilities. (c) Costs of issue.--Included in the cost of the issue may be any costs and expenses incident to constructing and financing the facilities and selling and distributing the bonds.

73 Pa.C.S. § 4345 Historical properties.

The board of commissioners may appropriate money to nonprofit associations or corporations organized for the purpose of acquiring and maintaining historical properties. The appropriations shall only be used by the association or corporation for the acquisition, restoration and maintenance of the historical properties.

73 Pa.C.S. § 4346 Insurance.

(a) General rule.--The board of commissioners may secure insurance or compensation in accordance with Article VI of the act of June 2, 1915 (P.L.736, No.338), known as the Workers' Compensation Act, for: (1) Volunteer firefighters of companies duly recognized by the township, by motion or resolution, killed or injured while going to, returning from or attending fires or while performing any other duties authorized by the township. (2) Township employees as defined in section 601 of the Workers' Compensation Act. (b) Insurance contracts for buildings and property.--The board of commissioners may enter into contracts for insurance with an insurance company, association or exchange, authorized by law to transact business in this Commonwealth, to insure buildings or property owned or leased by the township. (c) Insurance contracts for public liability.--The board of commissioners may enter into contracts for insurance with an insurance company, association or exchange authorized by law to transact business in this Commonwealth to insure any public liability of the township. (d) Insurance contracts covering employee life and medical expenses.-- (1) The board of commissioners may enter into contracts for insurance with an insurance company, nonprofit hospitalization corporation, nonprofit medical service corporation, association or exchange authorized by law to transact business in this Commonwealth to insure its employees or commissioners, or any class or classes of the employees or commissioners or dependents of the employees or commissioners, under a policy or policies of group insurance covering life, health, hospitalization, medical and surgical service or accident insurance. (2) A life, health, hospitalization, medical service or accident insurance coverage contract entered into by a township between January 1, 1959, and December 31, 1984, that includes or provides coverage for commissioners shall not be void or unlawful solely because the inclusion of commissioners was subsequently found to be without lawful authority. No penalty, assessment, surcharge, forfeiture or disciplinary action of any kind may occur as a result of participation by those commissioners. Insurance benefits payable to insureds or their beneficiaries arising out of or on account of deaths, injuries, accidents or illnesses occurring before November 29, 1985, remain the property of the insureds or beneficiaries of the insureds. (e) Contracts for employee annuities and pensions.-- (1) The board of commissioners may contract with an insurance company granting annuities or pensions for the pensioning of employees or any class or classes of employees and pay part or all of the premiums or charges for carrying the contracts. (2) A pension or annuity contract entered into by a township between January 1, 1959, and December 31, 1984, that includes or provides for benefits for commissioners at township expense shall not be void or unlawful solely because the inclusion of commissioners was subsequently found to be without lawful authority. No penalty, assessment, surcharge or disciplinary action of any kind may occur as a result of participation by those commissioners provided that anyone entitled to benefit coverage under a pension paid for, in whole or in part, by a township without lawful authority shall deliver, surrender and assign to the township all benefits paid under the contract after December 31, 1984. (3) If an official personally contributed toward a pension plan or a purchase of an annuity under paragraph (2), the official shall be refunded the official's total contributions, plus accumulated interest, less an amount already paid to the official under the annuity or pension plan, when the annuity or pension benefits are delivered, surrendered or assigned to the township, or when the annuity becomes the property of the township by operation of this section. In lieu of a refund of total contributions plus accumulated interest, an official who personally contributed toward the pension plan or toward the purchase of the annuity may elect to purchase from the township the township's interest in that pension plan or annuity program. The election option shall be exercised within 60 days of November 29, 1985. The value of the interest of the township in the pension plan or annuity program with respect to the official shall be determined by the actuary who prepared the 1983 municipal pension report for the township pension plan or annuity program under the act of December 6, 1972 (P.L.1383, No.293), entitled "An act requiring municipal pension systems to have an actuarial investigation of the fund made by an actuary who shall report his findings to the Department of Community Affairs," using the same applicable actuarial assumptions as used in that report or, if no actuary was retained for the 1983 report or no 1983 report was filed, by an actuary retained for the purpose of valuing the township interest. The cost of the actuarial valuation of the township interest and future administrative costs of the pension plan or the annuity program attributable to the official shall be payable by the official in a manner to be established by agreement with the township auditors. (4) No elected or appointed township official included in a township-paid pension or annuity plan entered into prior to December 31, 1984, shall be subject to any penalty, assessment, surcharge or disciplinary action as a result of the participation. Any residual interest, value, refund of premium or benefits payable on or after December 31, 1984, arising out of the township-paid interest of the elected or appointed township officials shall become the exclusive property of the township. (f) Appropriation.--The board of commissioners may appropriate money from the general township fund for the purposes of this section. (g) Construction.--Nothing in this section shall be construed to affect a contract, right or coverage of insurance vested or existing on the effective date of this section. "Contract," as used in this section, includes an annuity contract if the option to renew continues to provide the same rights to the annuitant that existed as of the effective date of this subsection. (h) Deduction of premiums and charges.-- (1) The commissioners may deduct from an employee's or commissioner's pay, salary or compensation the part of the premium or charge, as is payable by the employee or commissioner, and as may be authorized by the employee or commissioner in writing. The insurance shall be uniformly applicable to each employee or commissioner covered and shall not give eligibility preference to, or improperly discriminate in favor of, commissioners. (2) (Reserved). (i) Definition.--As used in this section, the term "employee" does not include an independent contractor, township engineer and township solicitor. Cross References. Section 4346 is referred to in section 2103 of this title.

73 Pa.C.S. § 4347 Appropriations for urban common carrier mass transportation.

The board of commissioners may: (1) Appropriate money for urban common carrier mass transportation purposes from current revenues. (2) Make annual contributions to county departments of transportation or urban common carrier mass transportation authorities to assist the departments or the authorities to meet the costs of operation, maintenance, capital improvements and debt service. (3) Enter into long-term agreements providing for the payment of the contributions.

73 Pa.C.S. § 4348 Open burning.

The board of commissioners may regulate open burning, including the prohibition of the open burning of combustible materials.

73 Pa.C.S. § 4349 Community development.

The board of commissioners may undertake community development programs, including urban renewal, public housing, model cities programs and neighborhood development projects.

73 Pa.C.S. § 4350 Observances and celebrations.

The board of commissioners may appropriate money annually for the observance of holidays, centennials or other anniversaries or for township celebrations or civic projects or programs.

73 Pa.C.S. § 4351 Building hospitals.

The board of commissioners may appropriate money toward the purchase, erection, maintenance or support of medical centers or hospital building facilities. Approval by the appropriate health planning agency is required if the total cost of the purchase or erection exceeds $100,000.

73 Pa.C.S. § 4352 Tourist promotion agencies.

(a) General rule.--The board of commissioners may appropriate money annually to a tourist promotion agency to assist the agency in carrying out tourist promotional activities. (b) Definition.--As used in this section, the term "tourist promotion agency" has the same meaning given to it under section 2 of the act of July 4, 2008 (P.L.621, No.50), known as the Tourism Promotion Act.

73 Pa.C.S. § 4353 Sale of real or personal property to nonprofit medical service corporation.

The board of commissioners may sell to a nonprofit medical service corporation any township-owned: (1) Real property for the nonprofit medical service corporation's exclusive use as a site for a medical service facility. (2) Personal property for the nonprofit medical service corporation's use at the medical service facility. Cross References. Section 4353 is referred to in section 4304 of this title.

73 Pa.C.S. § 4354 Sale of real or personal property to nonprofit housing corporation.

The board of commissioners may sell to a nonprofit housing corporation any township-owned: (1) Real property for the nonprofit housing corporation's exclusive use for housing for the elderly. (2) Personal property for the nonprofit housing corporation's use at the nonprofit housing corporation. Cross References. Section 4354 is referred to in section 4304 of this title.

73 Pa.C.S. § 4355 Nonprofit art corporations.

(a) General rule.--The board of commissioners may appropriate money annually, of an amount not more than equal to one mill of the real estate tax, to any nonprofit art corporation for the conduct of the corporation's artistic and cultural activities. (b) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Artistic and cultural activities." The term includes the display or production of theater, music, dance, painting, architecture, sculpture, arts and crafts, photography, film, graphic arts and design and creative writing. "Nonprofit art corporation." A local arts council, commission or coordinating agency or other nonprofit corporation engaged in the production or display of works of art, including the visual, written or performing arts.

73 Pa.C.S. § 4356 Neighborhood crime watch programs.

(a) General rule.--The board of commissioners may appropriate money annually to a neighborhood crime watch program. (b) Immunity.--Notwithstanding any other provision of law, no township or official of a township shall become subject to contractual, tort or other liability as a result of having made an appropriation under this section.

73 Pa.C.S. § 4357 Drug and alcohol abuse programs.

The board of commissioners may appropriate annually, out of the general funds of the township, a sum to be divided in amounts as the commissioners may determine and to be used for education and development of programs within the community dealing with drug and alcohol abuse. The money may also be contributed to existing programs available to the township's residents in adjacent communities or in the county where the township is located at the discretion of the board of commissioners.

73 Pa.C.S. § 4358 Watershed associations.

The board of commissioners may make appropriations to nonprofit watershed associations for watersheds serving the township. Appropriations may not be used to undertake litigation against a municipality or to seek redress against an individual landowner.

73 Pa.C.S. § 4359 Emergency services.

(a) General rule.--The township shall ensure that fire and emergency medical services are provided within the township by the means and to the extent determined by the township, including the appropriate financial and administrative assistance for the services. (b) Consultation with providers.--The township shall consult with fire and emergency medical services providers to discuss the emergency services needs of the township. (c) Annual itemized listing as condition of funding.--The township shall require each emergency services organization receiving township money to provide to the township an annual itemized listing of all expenditures of the money before the township may consider budgeting additional money to the organization.

73 Pa.C.S. § 4360 Mines and quarries.

(a) Duty of owners, operators and superintendents.--The owner, operator or superintendent of a mine, colliery or quarry located wholly or partially within the limits of the township shall furnish maps, plans and drawings of workings, excavations and surface support to the township as the board of commissioners may require, and the following shall apply: (1) In the case of a coal mine or colliery, the map or plan shall exhibit the workings or excavations in every seam of coal on a separate sheet and the tunnels and passages connecting with the workings or excavations. (2) The map or plan under paragraph (1) shall show: (i) In degrees the general inclination of the strata, with any material deflection in the strata in the workings or excavations. (ii) Tidal elevations of the bottom of every shaft, slope, tunnel and gangway and of any other point in the mine or on the surface where the elevation is deemed necessary by the township. (iii) The number of the last survey on the gangways or the most advanced workings. (3) The owner, operator or superintendent of the mine, colliery or quarry shall update, at least once every three months, the pertinent maps, plans and drawings to reflect any extension made in a mine, colliery or quarry during the three preceding months, except those made within 30 days immediately preceding the time of placing the extensions on the map or drawing. (4) A township engineer, assistant or other person authorized by the board of commissioners may enter and survey a mine, colliery or quarry within the limits of the township, at all reasonable times, but not so as to impede or obstruct the workings of the mine, colliery or quarry. (5) The owner, operator or superintendent of the mine, colliery or quarry shall furnish the means necessary for the entry, survey and exit. (b) (Reserved).

73 Pa.C.S. § 4361 Conservation district.

The board of commissioners may make appropriations to a conservation district, as the term is defined under section 3 of the act of May 15, 1945 (P.L.547, No.217), known as the Conservation District Law, in which the township is located.

73 Pa.C.S. § 4362 Electricity.

The board of commissioners may manufacture and sell electricity and regulate its use and prices under Chapter 67 (relating to manufacture and sale of electricity).

73 Pa.C.S. § 4363 Storm water.

A township may, by ordinance, after obtaining a required permit from the Department of Environmental Protection or other Federal or State entity, 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.

73 Pa.C.S. § 4364 Validity of township records and recording or transcribing of township records.

(a) General rule.--A township record required to be recorded or transcribed shall be deemed valid if typewritten, printed, photocopied, microfilmed or electronically or digitally stored or retained by any other process that accurately reproduces the original and forms a durable medium for recording, storing and reproducing in accordance with the act of May 9, 1949 (P.L.908, No.250), entitled "An act relating to public records of political subdivisions other than cities and counties of the first class; authorizing the recording and copying of documents, plats, papers and instruments of writing by digital, photostatic, photographic, microfilm or other process, and the admissibility thereof and enlargements thereof in evidence; providing for the storage of duplicates and sale of microfilm and digital copies of official records and for the destruction of other records deemed valueless; and providing for the services of the Pennsylvania Historical and Museum Commission to political subdivisions." (b) Specifications of records in books.--If recording or transcribing in a specified book of record is required, including minutes of the proceedings of the board of commissioners, the records shall be recorded or transcribed as follows: (1) in a mechanical post binder book capable of being permanently sealed with consecutively numbered pages with a security code printed on it and a permanent locking device with the township seal being impressed on each page; or (2) in a bound book with pages being consecutively numbered by transcribing directly upon the pages of the book of record or by permanently attaching the records or copies to the book of record with the township seal being impressed on each page to which the record is attached, with each impression covering both a portion of the attached record and a portion of the page of the book of record to which the record is attached. (c) Validation of previous records.--Records previously recorded or transcribed in a manner authorized by law at the time the records were recorded or transcribed are validated.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026