
ARTICLE
I
PRELIMINARY PROVISIONS
Section 101. Short Title.-This
act shall be known and may be cited as "The Second Class
Township Code."
Section 102. Definitions.-The following words,
terms and phrases, as used in this act shall have the following
meanings, unless the context clearly indicates otherwise:
"Census" or "official census,"
the latest United States Census Bureau population count resulting
from a decennial or special census conducted by the United States
Census Bureau.
"Highway" or "State highway,"
any highway, road or street which qualifies as a State highway
or a portion of the rural State highway system as provided in
section 102 of the act of June 1, 1945 (P.L. 1242, No. 428), known
as the "State Highway Law."
"Municipal corporation," any city,
borough, incorporated town, township of the second class, township
of the first class or home rule municipality, except home rule
counties.
"Road" or "public road,"
the entire width between the boundary lines of every way, street,
lane, alley, court or public square maintained by the township
which is open to the use of the public for purposes of vehicular
travel.
"Township," a township of the second
class.
Section 103. Excluded Provisions.--(a) This
act does not repeal any acts relating to:
(1) The assessment and valuation of property and persons for the
purposes of taxation and collection of taxes and the collection
of municipal claims by liens.
(2) The method of incurring or increasing indebtedness.
(3) Election officers and conduct of elections.
(4) Public schools and school districts.
(5) Constables.
(6) District justices.
(7) State highways and private roads.
(8) Validations of elections, bonds, ordinances and acts of corporate
officers.
(9) Free nonsectarian libraries.
(10) Intergovernmental cooperation.
(11) Planning and land use.
(12) Public meetings.
(13) Inspection of records.
(14) Ethics of elected officers and employes.
(15) The levy or collection of taxes under general law.
(b) It is the intention that this act shall furnish a complete
and exclusive system for the government and regulation of townships
except as to the several matters enumerated in subsection (a).
Section 104. Construction of Act Generally.-The
provisions of this act, insofar as they are the same as those
of existing laws, are intended as a continuation of those laws
and not as new enactments. The repeal by this act of any State
law or part thereof does not revive any act or part thereof previously
repealed or superseded The provisions of this act do not affect
any act done, liability incurred or right accrued or vested or
affect any suit or prosecution pending or to be instituted to
enforce any right or penalty or punish any offense under the authority
of any repealed laws.
Section 105. Constitutional Construction.-The
provisions of this act are severable, and, if any of the provisions
are held to be unconstitutional, that decision shall not affect
the validity of any of the remaining provisions of this act. It
is the legislative intent that this act would have been adopted
had the unconstitutional provision not been included.
Section 106. Construction of References.-When, in this act, reference
is made to any act by title, it includes any codification in which
the provisions of the act referred to are substantially reenacted.
Section 107. How Act Applies.-This act shall
apply to all townships of the second class as now exist and those
created, established or reestablished after this act takes effect.
Section 108. Saving Clauses When Class of Township
Changed.-When any township of the second class is reestablished
as a township of the first class or when any 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 punish any
offense committed before the change of class and all resolutions,
rules and regulations shall continue with the same force and effect
as if no change had been made.
Section 109. Legal Advertising.-When notice
is required to be published by a township in one or more newspapers,
unless otherwise specified, publication shall be made in the legal
notice section in a newspaper of general circulation in the township,
as defined by 45 Pa.C. S. (relating to legal notices). When the
notice relates to any proceeding or matter in any court or the
holding of an election for the increase of indebtedness or the
issue and sale of bonds to be paid by taxation, the notice shall
also be published in the legal newspaper of the county, if any,
so designated by the rules of court. Auditors' statements, summaries
of auditors' statements, notices of public meetings and hearings,
notices of budget proposals, ordinances, lists of delinquent taxpayers
and advertisements inviting proposals for public contracts and
for bids for materials and supplies shall be published only in
newspapers of general circulation.
