
ARTICLE
II CLASSIFICATION, CREATION,
REESTABLISHMENT AND CHANGE OF NAME OF TOWNSHIPS
Section 201. Classification of
Townships.-The townships now in existence and those to be created
after this act takes effect are divided into two classes, townships
of the first class and townships of the second class. Townships
of the first class are those having a population of at least three
hundred inhabitants to the square mile, which are now established
as townships of the first class, or which may be created townships
of the first class under laws relating to townships of the first
class. All townships that are not townships of the first class
or home rule townships are townships of the second class. A change
from one class to the other shall be made only under this act
or the laws relating to townships of the first class.
Section 202. Reestablishment of Townships.-A
township of the first class may, irrespective of population, be
reestablished a township of the second class in the following
manner:
(1) The board of commissioners of the township of the first class
on its own initiative may, or within fifteen days after the receipt
of a petition signed by at least five percent of the electors
of the township of the first class shall, pass a resolution and
record it on its minutes, submitting the question of whether the
township of the first class shall be reestablished as a township
of the second class to the electors of the township of the first
class.
(2) At the next primary, general or municipal election occurring
at least ninety days after the passage of the resolution, the
question, whether the township of the first class shall be reestablished
as a township of the second class, shall be submitted to the voters
of the township; and the county board of elections shall place
the question of reestablishment as a township of the second class
on the ballot under the election laws of this Commonwealth.
(3) The election officers shall compute the votes cast at the
election and certify them to the county board of elections, which
shall compute them and certify the result to the county commissioners
and the board of commissioners of the township of the first class
and to the clerk of the court of common pleas. If a majority of
the votes cast at the election are in favor of the reestablishment
of the township of the first class as a township of the second
class, the government of the township of the second class shall
be organized and become effective on the first Monday of January
after the election, when the terms of the officers of the township
of the first class shall cease, and the officers appointed by
the court for the township under section 205 shall take office.
If a majority of the votes cast at the election are in favor of
remaining a township of the first class, no further proceedings
shall be initiated for a period of two years from the date of
the election.
Section 203. Creation of Townships by Annulment
of Charter of Borough. - Townships of the second class may be
created by the annulment of a charter of a borough under laws
governing boroughs.
Section 204. Classification of New Townships.-When
a new township is created either by consolidation of two or more
townships or reestablishment of a township of the first class
as a township or by annulment of a charter of a borough, the new
township shall be classified as a township of the second class.
Section 205. Appointment and Election of Officers of New Townships.- When a new township results from the consolidation of townships or is created as a result of the annulment of a charter of a borough or when a township of the first class is reestablished as a township of the second class, the court of common pleas 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 their offices until the first Monday of January after the next municipal election which occurs at least ninety days after the appointments. At the municipal election, a tax collector shall be elected for a regular four-year term if the election occurs in the year when such officer is elected for a regular term, and, if not, he shall be elected for a term of two years and his successor shall be elected for a four-year term. At the first municipal election, one supervisor and one auditor shall be elected for terms of six years each, one supervisor and one auditor for terms of four years each, and one supervisor and one auditor for terms of two years each. All officers shall take office on the first Monday of January after their election.
(205 Amended by Act 166 of 2006)
Section 206. Certificates of Clerk of Court;
Fee; Penalty.--(a) When a township of the second class results
from the consolidation of two or more townships or is created
or reestablished, the clerk of the court of common pleas within
thirty days shall certify the action to the Department of Community
Affairs and the Department of Transportation. The clerk may charge
a fee of three dollars and fifty cents ($3.50) to be paid as part
of the costs of the proceedings.
(b) A clerk who fails to furnish the certifications, or either
of them, shall, upon conviction thereof, in a summary proceeding,
be sentenced to pay a fine of not more than fifty dollars ($50)
and, in default of the payment of the fine and costs, undergo
imprisonment of not more than ten days.
Section 207. Change of Name of Township.-(a)
Upon petition to the court of common pleas of at least ten percent
of the electors of a township or upon passage of a resolution
by the board of supervisors seeking a change of the name of the
township, the court shall order a referendum on the question.
(b) 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
sixty days after the court order.
(c) The election officers shall compute the votes cast on the
question and certify them to the clerk of the court of common
pleas, who shall tabulate them 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.
