8 Pa.C.S. Ch. 2

in effect

8 Pa.C.S. § 200 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Committee." A borough advisory committee. "Freeholder." A person enjoying a continuous right of ownership and possession of real property for an indeterminate period by fee simple or life estate. "Township." A township of the first or second class or any home rule township. (June 5, 2020, P.L.211, No.28, eff. 60 days) 2020 Amendment. Act 28 amended the def. of "township." Special Provisions in Appendix. See section 4(3)(i) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

8 Pa.C.S. § 201 Contiguous areas.

A court of common pleas may incorporate as a borough any contiguous area from one or more townships within the court's jurisdiction having a population of at least 500 residents. After having been incorporated as a borough, the area shall be a body corporate and politic and shall have the name decreed by the court. Cross References. Section 201 is referred to in section 211 of this title.

8 Pa.C.S. § 202 Applications.

(a) Petition.--The following shall apply: (1) The application for incorporation shall be by a petition signed by a majority of the freeholders residing within the limits of the proposed borough and by the freeholders of a majority of the territory within the limits of the proposed borough, if all parts of the proposed borough are in the same township. (2) If portions of the proposed borough are in different townships, the petition shall be signed by a majority of the freeholders residing in each of the separate portions and by the freeholders of a majority of the territory in each of the separate portions. The following shall apply: (i) The signatures must be secured within three months immediately preceding the presentation of the signatures to the court. (ii) The petition shall be subscribed by and sworn to by at least one of the signers. (iii) The number of signers required to sign the petition shall be ascertained as of the date the petition was presented to court. (b) (Reserved). (c) (Reserved). (d) (Reserved). (e) Filing and notice.--Upon presentation to the court, a petition shall be filed with the clerk of court, and notice of the petition shall be published under section 109 (relating to publication of notices) once a week for four consecutive weeks immediately following the filing of the petition, during which time exceptions may be filed to the petition by any person interested. The notice shall state when and where the petition was filed and the time during which exceptions may be filed to the petition. (f) Contents of petition.--The petition under subsection (e) shall indicate the name of the proposed borough with a particular description of the boundaries of the borough and be accompanied with a plot of the proposed borough. The following shall apply: (1) If the boundaries of the proposed borough are not the same as an existing township, the description shall contain the courses and distances of the boundaries. (2) If the boundaries of the proposed borough are the same as an existing township, the description: (i) may contain the courses and distances of the boundaries; and (ii) shall refer to the name and location of the existing township. Special Provisions in Appendix. See section 4(3)(ii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

8 Pa.C.S. § 202.1 Borough advisory committee.

(a) Establishment.--The court shall establish a borough advisory committee when a petition is received by the court for the creation of a borough. The following shall apply to committee members: (1) Members shall be appointed by and shall serve at the pleasure of the court. (2) The committee shall consist of the following: (i) Two residents of the proposed borough. (ii) Two residents from each of the existing townships recommended by the respective governing body of the township who are not residing within the proposed borough. (iii) One resident of the county not residing in any area under subparagraphs (i) and (ii) who shall serve as the chair of the committee. (3) Members shall serve without salary. The court may entitle each member to reimbursement for the member's actual and necessary expenses incurred in the performance of the member's official duties. (4) Members may consult with the director of the county planning commission who may advise the committee. (b) Duties.--The committee shall, within 60 days of its creation, advise the court in relation to the establishment of the proposed borough. The committee shall render expert advice and findings of fact relating to the desirability of an incorporation, including advice as to: (1) The proposed borough's ability to obtain or provide adequate and reasonable community support services such as police protection, fire protection and other appropriate community facility services. (2) Whether the proposed borough constitutes a harmonious whole with common interests and needs that can best be served by a borough government. In examining this factor, the committee shall consider whether the proposed borough represents a distinct community with features different from those of the existing township. (3) The existing and potential commercial, residential and industrial development of the proposed borough. (4) Whether the proposed borough would provide for land use regulations to meet the legitimate needs for all categories of residents or whether the plan is exclusionary or would result in economic segregation. (5) The financial or tax effect on the proposed borough and existing township.

8 Pa.C.S. § 202.2 Advisability of incorporation, certification of question for referendum and decree.

(a) Process.--After receiving the findings of fact and the advice of the committee, the court shall conduct a hearing. If, after the hearing, the court deems further investigation necessary to determine the advisability of incorporation, it may issue an order to obtain the additional information. When the court has obtained all reasonably necessary information and has determined that the conditions required under this section have been met, the court shall determine the desirability of the proposed incorporation based upon the following: (1) The evidence submitted at the hearing and by the committee. (2) Any additional information obtained after the hearing. (3) Any other applicable factors the court deems relevant. (b) Determination.--If the court determines that the desirability of the proposed incorporation is not supported by a preponderance of the evidence, the court shall enter a final decree denying the request of the petitioners, and no other proceedings may be held. If the court determines that the desirability of the proposed incorporation is supported by a preponderance of the evidence, the court shall certify the question of the proposed incorporation to the board of election of the county for a referendum vote of the residents of the proposed borough. Upon receipt of the certified election results, the court shall enter a final decree granting or denying the request of the petitioners. (c) Expenses.--The petition and the final decree granting or denying the petition shall be recorded in the recorder of deeds office of the county at the expense of the petitioners. The petitioners shall pay all other expenses and costs in connection with the proceedings.

8 Pa.C.S. § 205 Borough government and requisites of charter.

(a) Time.--When the petition and the final decree granting the petition have been recorded, the area shall become an incorporated borough and shall be entitled to the rights, privileges and immunities conferred under this part, except as provided under section 211 (relating to temporary preservation, organization and election of officers). (b) Charter.--The final decree of the court granting the petition shall constitute the charter of the borough. All charters granted under this part shall include: (1) The corporate name of the borough. (2) The boundaries of the borough.

8 Pa.C.S. § 206 Farmlands.

If, in any petition for the incorporation of a borough, the boundaries fixed by the petitioners embrace lands exclusively used for the purposes of farming, the court may, if it deems the land does not properly belong to the proposed borough and at the request of any party aggrieved, change the boundaries to exclude the land used for farming.

8 Pa.C.S. § 207 Corporate name.

The corporate name of a borough incorporated under this part shall be "The Borough of ."

8 Pa.C.S. § 210 Certificates.

(a) Decree.--When a borough is created, the clerk of courts in each county affected shall, within 30 days of the creation, certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the decree of court incorporating the borough. The clerk may impose a fee of $3.50 as part of the costs of the proceeding for the services under this subsection. (b) Penalty.--Any clerk of court who fails, neglects or refuses to furnish the certifications as provided under this part commits a summary offense and shall pay a fine of not more than $50. Special Provisions in Appendix. See section 4(3)(iii) of Act 37 of 2014 in the appendix to this title for special provisions relating to continuation of prior law.

8 Pa.C.S. § 211 Temporary preservation, organization and election of officers.

(a) Government.--The following shall apply: (1) A newly incorporated area under section 201 (relating to contiguous areas) shall continue to be governed as before the incorporation until the first Monday of January following the municipal election after the issuance of the final decree establishing the new borough. (2) After a newly incorporated area is no longer governed as before the incorporation under paragraph (1), the officers of the borough who are elected, under section 805 (relating to election after creation), at the municipal or special election shall begin their terms of office, and the borough government shall be considered to be duly organized under this part. (b) Election.--Borough officers shall be elected at: (1) the next municipal election occurring at least 90 days following the issuance of the decree establishing the borough; or (2) at the request of the petitioners, a special election called by the court of common pleas. (c) Special election.--If a special election is held under subsection (b)(2), the court shall do all of the following: (1) Fix the time, place and manner of holding the special election. (2) Designate an individual to give notice of the special election and the manner of the special election. (3) Appoint from among the electors of the newly established borough a judge and inspectors to hold the election. (d) Terms.--The following shall apply: (1) Municipal officers elected at a special election held under subsection (c) shall serve until the first Monday in January following the next succeeding municipal election. (2) The successors of municipal officers under paragraph (1) shall be elected as provided under section 805 and shall take office upon completion of municipal officer's service under paragraph (1). Cross References. Section 211 is referred to in sections 205, 213 of this title.

8 Pa.C.S. § 212 Boundaries.

The boundaries of the borough shall, as soon as practicable after its incorporation, be appropriately marked. Prior to marking the boundaries, notice shall be provided, as directed by the court, to the governing bodies of adjoining municipal corporations.

8 Pa.C.S. § 213 Adjustment of indebtedness.

(a) Property.--The following shall apply: (1) After the election of a council under section 211 (relating to temporary preservation, organization and election of officers) when a borough is newly incorporated, the council and the governing body of the township from which the borough was created shall make an equitable adjustment and apportionment of all the public real and personal property owned by the township at the time of the incorporation of the borough. (2) Except as provided under paragraph (3), the property under paragraph (1) shall include funds and indebtedness. (3) If adjusting property and indebtedness under paragraph (1), streets, sewers and utilities may not be considered except to the extent that current and unpaid indebtedness was incurred for the construction and improvement of the property. (b) Proportion.--In making the adjustment and apportionment under subsection (a), the following shall apply: (1) The borough shall be entitled to a division of the property and indebtedness in the same proportion that the assessed valuation of the taxable real estate included within the territorial limits of the newly incorporated borough bears to the assessed valuation of the taxable real estate in the entire township immediately prior to the incorporation of the borough. The township shall be entitled to the remainder of the property and indebtedness. (2) If indebtedness was incurred by the township for an improvement located wholly within the territorial limits of the newly incorporated borough, the indebtedness shall be assumed by the borough. (3) If only part of the improvement is located within the newly incorporated borough, the part of the indebtedness representing the part of the improvement located within the borough shall be assumed by the borough, and the adjustment and apportionment of any remaining debt shall be retained by the township. (c) Form.--The adjustment and apportionment made under this section must meet all of the following: (1) Be in writing and duly executed and acknowledged by the secretary or clerk of the township and the secretary of the borough. (2) Be filed in the office of the clerk of the court of common pleas of the county. (3) Be filed as a copy with the Department of Community and Economic Development.

8 Pa.C.S. § 214 Judicial adjustment.

(a) Petition.--If the governing bodies of the township and the borough cannot make an amicable adjustment and apportionment of the property and indebtedness within six months after the government of the newly incorporated borough is established, the supervisors or commissioners of the township or the council of the borough may present a petition to the court of common pleas requesting a judicial adjustment. (b) Appointment.--After receiving a petition under subsection (a), the court shall appoint three disinterested commissioners who meet all of the following requirements: (1) Are residents and taxpayers of the county. (2) Are not residents of or own real estate in the township or borough. (c) Report.--The individuals appointed under subsection (b) shall hold a hearing and make a report to the court containing an adjustment and apportionment of all the property and the indebtedness between the township and the borough. Notice shall be made to the township and borough as provided by the court. The report shall state the amount due and payable from the borough or the township to the other entity and the amount of indebtedness that shall be assumed by the borough or the township. (June 5, 2020, P.L.211, No.28, eff. 60 days) 2020 Amendment. Act 28 amended subsec. (a). Cross References. Section 214 is referred to in sections 215, 216, 217 of this title.

8 Pa.C.S. § 215 Judicial adjustment award proceedings.

(a) Notice.--The commissioners shall give the township and the borough at least five days' notice of the filing of the report under section 214(c) (relating to judicial adjustment). (b) Exceptions.--Unless exceptions are filed to the report within 30 days after the date of the filing, the report shall be confirmed by the court. (c) Effect.--The following shall apply: (1) Any sum awarded by the report to the township or borough shall be a legal and valid claim in its favor against the borough or township charged with the sum. (2) Any real or personal property given to the township or borough shall become its respective property. (3) Any claim or indebtedness charged against the borough or township may be collected from the borough or the township.

8 Pa.C.S. § 216 Exceptions.

If exceptions are filed to the report under section 214(c) (relating to judicial adjustment), the court shall dispose of the exceptions and shall enter its decree confirming or modifying the award.

8 Pa.C.S. § 217 Compensation, expenses and costs.

The commissioners under section 214(b) (relating to judicial adjustment) shall receive compensation and expenses for their services as provided by the court. The costs of the proceedings, including the compensation and expenses of the commissioners, shall be apportioned by the court between the borough and township.

8 Pa.C.S. § 218 Territory located in multiple counties.

If territory included within the limits of a newly incorporated borough is located in at least two counties, the court of common pleas of the county where the larger part of the territory of the borough is located shall have exclusive jurisdiction over the proceedings to adjust and apportion the indebtedness between the borough and township.

8 Pa.C.S. § 219 Bond issues and taxation.

In any proceeding to adjust and apportion indebtedness, the township or the borough shall have power to issue and deliver to the borough or township interest-bearing bonds in liquidation of the indebtedness ascertained, to be its proportionate share payable, if the bonds are acceptable to the borough or township or townships entitled to receive the bonds. The court may make necessary orders for the collection and payment by the township or townships or borough of the amount needed to pay its share of any indebtedness apportioned to it by special taxes to be collected in one year or by annual installments.

8 Pa.C.S. § 231 Procedure.

(a) Petition.--The court of common pleas shall, upon petition of at least 10% of the registered electors of any city of the third class, order an election to be held at the next general, municipal or primary election occurring at least 90 days after the presentation of the petition. (b) Vote.--The electors shall, at the election under subsection (a), vote for or against the change of the charter of the city to a borough charter and the adoption of the borough form of government. (c) Contents.--A petition under subsection (a) shall indicate all of the following: (1) The inhabitants of the city desire to do all of the following: (i) Change the charter of the city to a borough charter. (ii) Be governed by the laws of the Commonwealth relating to boroughs. (2) The city has had a city form of government for a period of at least five years. (3) The name of the proposed borough. (d) Required electors.--The number of registered electors required to sign the petition shall be determined as of the date the petition is filed. Cross References. Section 231 is referred to in section 232 of this title.

8 Pa.C.S. § 232 Filing, notice and return.

(a) Filing.--Upon presentation of a petition under section 231 (relating to procedure), the court shall determine whether the petition meets the requirements under section 231. If the requirements are met, the court shall: (1) Enter an appropriate order requiring an election. (2) Direct that the petition shall be filed with the clerk of the court and that a copy of the petition and order of court shall be filed with the county board of elections. (b) Notice.--Notice of the time and purpose of the election under subsection (a) shall be given in at least one newspaper of general circulation of the proper county once a week for four consecutive weeks. The publication of the notice shall be made on behalf of the petitioners and shall be in the form approved by the court. (c) Return.--The following shall apply: (1) The county board of elections shall frame the proper question to be submitted to the electors at the election ordered by the court. (2) The county board of elections shall make a return of the vote cast on the question submitted to the clerk of the court of common pleas. The return shall be filed with the petition. (3) If a majority of those voting on the question submitted were in favor of the change of the city charter to a borough charter, the court shall order that the record of the proceedings be recorded in the office for the recording of deeds of the county, and the record shall constitute the charter of the borough under the name provided in the petition. The recorder of deeds in each county affected shall certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the record constituting the charter of the borough. (4) If a majority of those voting on the question submitted were against the change of the city charter to a borough charter, the same question may not be submitted for a period of five years following the election. Cross References. Section 232 is referred to in section 233 of this title.

8 Pa.C.S. § 233 Borough government.

(a) City.--When the record of the proceedings under section 232 (relating to filing, notice and return) is recorded, the city form of government shall continue in operation until the first Monday of January after the first municipal election occurring at least 90 days after the recording of the record. (b) Borough.--After the city form of government is no longer in operation under subsection (a), the borough government shall be organized by the officers elected at the municipal election in accordance with section 805 (relating to election after creation).

8 Pa.C.S. § 234 Effect.

(a) Property.--When the borough government is formed, the property and assets of the city shall become the property of the borough, and the change of government shall not do any of the following: (1) Affect any of the following: (i) Liabilities incurred. (ii) Rights accrued or vested. (iii) Obligations issued or contracted. (iv) Suits or prosecutions pending or instituted to enforce any right or penalty accrued. (2) Punish any offense committed prior to the formation. (b) Ordinances.--Ordinances of the former city shall continue in force in the new borough until altered or repealed. (c) Wards and districts.--Wards and election districts of the city shall become the wards and election districts of the borough until altered or changed. In the election of members of council from the several wards, two members of council shall be elected from each ward, unless changed as provided by law. (d) Office.--All constables and election officers in office in the city at the time the borough government is organized shall remain in office until the expiration of their respective terms of office.

8 Pa.C.S. § 235 Costs and expenses.

(a) Petitioners.--Except as provided under subsection (b), the costs and expenses of proceedings to change the charter of a city to a borough, including all costs of advertising, shall be paid by the petitioners. (b) Exception.--If the vote of electors to change the charter of a city to a borough is in favor of the change, the cost and expenses under subsection (a) shall be paid by the city.

8 Pa.C.S. § 241 Consolidation or merger.

A borough may be merged or consolidated into a new or existing municipal corporation in accordance with 53 Pa.C.S. Ch. 7 Subch. C (relating to consolidation and merger).

8 Pa.C.S. § 242 Change of corporate name.

(a) General rule.--The following shall apply: (1) If the corporate name of a borough differs from the name of the borough in general usage or from the post office designation due to minor discrepancies in spelling, capitalization or the manner of compounding the elements of the name, the court of common pleas, upon petition, may change the name of the borough to conform to the name in general usage or to the post office designation. (2) The petition under paragraph (1) may be presented by any of the following: (i) Council, pursuant to a resolution. (ii) At least 5% of the registered electors of the borough. (b) Petition.--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, and the corporate name of the borough shall be as provided in the petition from the date of recording. (c) Dissemination of decree.--The recorder of deeds in each county affected shall certify to the Department of State, the Department of Transportation, the Department of Community and Economic Development and the county planning commission a copy of the decree changing the corporate name of the borough. (d) Force and effect.--A change of corporate name shall not affect any of the following: (1) Liabilities incurred. (2) Rights accrued or vested. (3) Obligations issued or contracted. (4) Any suits or prosecutions pending or instituted to enforce any right or penalty accrued or to punish any offense committed prior to the change.

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