8 Pa.C.S. § 101
Short title of part
This part shall be known and may be cited as the Borough Code.
Pennsylvania Consolidated Statutes Title 8 — BOROUGHS AND INCORPORATED TOWNS
Pennsylvania · statute · 8 Pa.C.S. · 401 active provisions
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…
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 incu…
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 o…
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.
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…
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…
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 inc…
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 eac…
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.
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 indetermina…
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.
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…
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 follow…
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 obt…
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 e…
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…
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 incorpora…
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)…
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…
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 bor…
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 t…
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