TITLE 73

TOWNSHIPS

 

Part

I.  Preliminary Provisions

II.  First Class Township Code

III.  (Reserved)

 

Enactment.  Unless otherwise noted, the provisions of Title 73 were added February 11, 2026 (P.L.19, No.7), effective in 60 days.

 

 

PART I

PRELIMINARY PROVISIONS

 

Chapter

1.  General Provisions

 

Enactment.  Part I was added February 11, 2026 (P.L.19, No.7), effective in 60 days.

Special Provisions in Appendix.  See section 3 of Act 7 of 2026 in the appendix to this title for special provisions relating to continuation of prior law.

 

 

CHAPTER 1

GENERAL PROVISIONS

 

Sec.

101.  Short title (Reserved).

102.  Definitions.

103.  Savings clauses where class of township changed.

104.  (Reserved).

105.  Classification of townships.

106.  Creation of townships of the first class from townships of the second class.

107.  Reestablishment of townships of the second class.

108.  Consolidation or merger.

109.  Officers for new townships.

110.  Certificate of creation of township.

111.  Change of name of township.

 

Enactment.  Chapter 1 was added February 11, 2026 (P.L.19, No.7), effective in 60 days.

§ 101.  Short title (Reserved).

§ 102.  Definitions.

Subject to additional definitions contained in subsequent provisions of this title which are applicable to specific provisions of this title, the following words and phrases when used in this title shall have the meanings given to them in this section unless the context clearly indicates otherwise:

(Reserved).

§ 103.  Savings clauses where class of township changed.

If a township of the second class is designated a township of the first class, or if a township of the first class is reestablished as a township of the second class, all liabilities incurred, rights accrued or vested, obligations issued or contracted and all suits and prosecutions pending or to be instituted to enforce any right or penalty accrued or to punish any offense committed before the change of class, and all ordinances, resolutions, rules and regulations shall continue with the same force and effect as if no change had been made.

§ 104.  (Reserved).

§ 105.  Classification of townships.

(a)  General rule.--Townships now in existence and those to be created are divided into two classes:

(1)  townships of the first class; and

(2)  townships of the second class.

(b)  Township of the first class.--A township of the first class shall be a township having a population of at least 300 inhabitants to the square mile and:

(1)  is functioning as a township of the first class as of June 24, 1931; or

(2)  was created after June 24, 1931, as a township of the first class in the manner provided in this part.

(c)  Township of the second class.--A township that is not a township of the first class or a home rule municipality shall be classified as a township of the second class.

(d)  Change between classes.--A change from one class to the other shall be made only as provided by this part or the laws relating to townships of the second class.

§ 106.  Creation of townships of the first class from townships of the second class.

(a)  Establishment as a township of the first class.--A township of the second class may be established as a township of the first class as follows:

(1)  A township of the second class may become a township of the first class if the township of the second class has a population density of 300 or more inhabitants to the square mile. The population density shall be determined from the most recent census data as made available by the United States Census Bureau, whether it is from the decennial census, special census or from the Population Estimates Program.

(2)  The board of supervisors of a township of the second class on the board's own initiative may, or within 15 days after the receipt of a petition signed by at least 5% of the electors of the township of the second class shall, pass a resolution, which shall be recorded on the township's minutes, submitting the question of whether the township of the second class shall be established as a township of the first class to the electors of the township of the second class. The petition and resolution shall include the population density of the township of the second class.

(3)  At the next primary, general or municipal election occurring at least 90 days after the passage of the resolution under paragraph (2), the question shall be submitted to the electors of the township. The county board of elections shall place the question of establishing a township of the first class on the ballot in accordance with the act of June 3, 1937 (P.L.1333, No.320), known as the Pennsylvania Election Code.

(4)  The election officers shall compute the votes cast at the election under paragraph (3) and certify the votes to the county board of elections. The county board of elections shall compute the votes cast and certify the result to the county commissioners, the board of supervisors of the township of the second class and the clerk of the court of common pleas. If a majority of the votes cast at the election are in favor of becoming a township of the first class, the government of the township of the first class shall be organized and become effective on the first Monday of January after the election.

(b)  Terms of officers ended.--When a township of the first class is organized and becomes effective under subsection (a), the terms of the officers of the township of the second class shall cease and the officers appointed by the court for the township under section 109 (relating to officers for new townships) shall take office.

(c)  Moratorium if election fails.--If a majority of the votes cast at the election under subsection (a) are in favor of remaining a township of the second class, no further proceedings may be initiated for a period of two years from the date of the election.

 

Cross References.  Section 106 is referred to in section 109 of this title.

§ 107.  Reestablishment of townships of the second class.

A township of the first class may, no sooner than five years after becoming a township of the first class, be reestablished as a township of the second class as provided in the act of May 1, 1933 (P.L.103, No.69), known as The Second Class Township Code.

§ 108.  Consolidation or merger.

A township 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).

§ 109.  Officers for new townships.

(a)  Appointment of new officers.--If a new township of the first class is created from a township of the second class as provided in this chapter, the court of common pleas of the appropriate county shall appoint the elective officers for the new township and determine the polling place or places in the new township. The appointed officers shall hold office until the first Monday of January after the next municipal election as provided in this part.

(b)  Commissioners.--At the first municipal election following the creation of a township under section 106 (relating to creation of townships of the first class from townships of the second class), five township commissioners shall be elected at large if the township has not been divided into wards. Three of the commissioners shall be elected for terms of four years each, and two for terms of two years each, from the first Monday of January next following the election. The ballots at the election shall designate the term for which each commissioner is elected. Each commissioner's successor shall be elected for terms of four years in accordance with this part. If the township has been divided into wards, the township commissioners shall be elected as provided in section 1504 (relating to schedule for election of commissioners in townships first divided into wards).

(c)  Tax collector.--At the first municipal election, a tax collector shall be elected for a two-year or four-year term so that the term shall expire at the same time as the terms of tax collectors of other townships of the first class under the provisions of this part. For each subsequent tax collector, the term of tax collector of the township shall be four years from the first Monday of January next following the tax collector's election.

 

Cross References.  Section 109 is referred to in section 106 of this title.

§ 110.  Certificate of creation of township.

If a township of the first class is created, the clerk of the court 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 township. The clerk of the court may charge a fee of $3.50 to be paid as part of the costs of the proceedings.

§ 111.  Change of name of township.

(a)  Referendum.--Upon petition to the court of common pleas of at least 10% of the electors of a township or upon the passage of a resolution by the board of commissioners seeking a change of the name of the township, the court of common pleas shall order a referendum on the question.

(b)  Filing with clerk of court.--If the court determines that the petition or resolution for change of name of the township is in proper form and properly executed, the original petition or resolution shall be filed with the clerk of the court. A copy of the petition or resolution and order of the court shall be filed with the county board of elections which shall frame the question to be submitted to the electors at the next general or municipal election which occurs at least 60 days after the court order.

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