Pennsylvania HB 1836: An Act amending Title 73 (Townships) of the Pennsylvania Consolidated Statutes, consolidating the First Class Township Code; and making a repeal.

Bill Text

PRINTER'S NO. 2259
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1836
Session of
2025
INTRODUCED BY FREEMAN, SAPPEY, SMITH-WADE-EL, JAMES AND
B. MILLER, SEPTEMBER 4, 2025
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 4, 2025
AN ACT
Amending Title 73 (Townships) of the Pennsylvania Consolidated
Statutes, consolidating the First Class Township Code; and
making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 73 of the Pennsylvania Consolidated
Statutes is amended by adding parts to read:
PART I
PRELIMINARY PROVISIONS
Chapter
1. General Provisions
CHAPTER 1
GENERAL PROVISIONS
Sec.
101. Short title (Reserved).
102. Definitions.
103. Savings clauses where class of township changed.
104. (Reserved).
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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.
§ 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:
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(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
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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