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If a majority of the votes cast at any such election shall be in favor of becoming a township of the first class, the government of the township of the first class shall be organized and become operative on the first Monday of January next succeeding such election, at which time the terms of the officers of the township of the second class shall cease and terminate.
The costs and expenses of the proceedings, including a reasonable fee for the commissioner and attorney, shall be paid by the petitioners or by the township, or partly by each, as the court shall direct. Proclamations by County Commissioners.--In addition to the procedure provided in the preceding section, the county commissioners of each county shall, following each decennial census of the United States, ascertain from such census whether any township of the second class in the county has a population of three hundred inhabitants to the square mile, and shall immediately certify the fact that any township has a population of three hundred inhabitants to the square mile to the township supervisors of the township. Submission of Question to Voters.--At the first general or municipal election occurring at least ninety days after the ascertainment, by special enrollment or from the last preceding United States census, that any township of the second class has a population of at least three hundred inhabitants to the square mile, and after a petition signed by at least five per centum of the registered voters of the township has been filed in the quarter sessions court, the question whether such township of the second class shall become a township of the first class shall be submitted to the voters of the township, and the county board of elections shall cause to be printed on separate ballots, to be used in such township at such election, a proper question framed in accordance with the Pennsylvania Election Code. Returns of Election and Effect Thereof.--The election officers shall compute the votes cast at the election provided for in the preceding section and make return thereof to the clerk of the court of quarter sessions, who shall tabulate the same and certify the result thereof to the county commissioners and the township supervisors of such township.After hearing, the court shall have power to sustain such exceptions or to dismiss them and confirm the report, or refer the report back to the same or new commissioners, with like authority to make another report, on which like legal proceedings may be had. Filing and Confirmation of Report; Exceptions.--When the report is presented, the court shall confirm the report nisi, which confirmation shall become absolute unless exceptions thereto are filed within thirty days after such confirmation nisi. Compensation of Commissioners.--The commissioners, appointed under the provisions of this act, shall receive such compensation as the court shall fix. Act 312 of 1974, in turn, was repealed by the act of December 19, 1996 (P. No township commissioner shall thereafter be elected at large in such township. In the case of a newly created ward in existence for less than one year at the time of a township officer's election or appointment, the affidavit shall state that the officer has resided within the township continuously for at least one year immediately prior to the officer's election or appointment and within the ward from the date of the ward's creation continuously until the officer's election or appointment. Hold Until Successors Qualified.--Officers of townships other than township commissioners shall hold their offices until their successors are elected and qualified, but such service shall not continue longer than the first Monday of January succeeding the next municipal election at which election a successor shall be elected for the unexpired term. Elected Officers Enumerated.--The electors of each township shall elect (a) at least five township commissioners, (b) one township tax collector and (c) except as otherwise hereinafter provided, three elected auditors or one appointed auditor, or one controller where such office has been established. One such commissioner shall be elected from each ward, and the remaining number of commissioners, to which the township is entitled, shall be elected at large.Where no exceptions are filed within thirty days after the filing of the report, the court shall confirm the same absolutely. The court may grant a review if, in its opinion, a better adjudication may thereby be secured. The compensation of the commissioners and reasonable attorney's fees, shall be paid by the township in all cases where the prayer of the petitioners is granted, and in other cases shall be paid by the petitioners. If the number of wards in such township, including the new ward, shall be more than five, the court of quarter sessions shall appoint a township commissioner for such new ward, who shall hold office until the first Monday in January succeeding the first municipal election at which township commissioners are elected in such numbered wards under the provisions of this act, at which election, and every four years thereafter, a township commissioner, who shall reside in the ward, shall be elected by the qualified electors of said ward for a term of four years. (b) If an individual elected to office, or appointed to an elective office, fails to give the required bond, take the required oath or provide a signed affidavit, a vacancy is created in the office for which the individual was elected or appointed and the vacancy shall be filled as provided in section 530. Elected township officers shall be registered electors of the township. In townships having five or more wards, one commissioner shall be elected from each ward.and interest costs permitted to be paid upon bonds, obligations and indebtedness issued by the Commonwealth or its agencies or instrumentalities or authorities, and by local political subdivisions or their agencies or authorities, are hereby removed for such bonds, obligations or indebtedness.Compiler's Note: Section 31 of Act 708 of 1961 provided that Act 331 is repealed insofar as it relates to the licensing and regulation of auctioneers. L.207, No.51) Compiler's Note: Section 3 of Act 51 of 2015, which added Article XXXI-A, provided that nothing in Act 51 shall be construed to repeal or modify any township ordinance in effect on the effective date of Act 51 or affect any proceeding or enforcement of any township ordinance instituted prior to the effective date of Act 51. Short Title; Effective Date.--This act shall be known, and may be cited, as "The First Class Township Code." This reenactment, revision, amendment and consolidation of the laws relating to townships of the first class shall become effective the first day of January, 1950. Definitions.--The following words, terms and phrases, as used in this act, shall have the meanings herein assigned to them unless the context clearly indicates otherwise. (b) "Street" includes a street, road, lane, alley, court, or public square.All ordinances, regulations, and rules, made pursuant to any act of Assembly repealed by this act, shall continue with the same force and effect as if such act had not been repealed. Townships of the first class shall be those having a population of at least three hundred inhabitants to the square mile, which have heretofore fully organized and elected their officers and are now functioning as townships of the first class, or which may hereafter be created townships of the first class in the manner provided in this act.
Any person, holding office under any act of Assembly repealed by this act, shall continue to hold such office until the expiration of the term thereof, subject to the conditions attached to such office prior to the passage of this act. Constitutional Construction.--The provisions of this act shall be severable, and if any of the provisions shall be held to be unconstitutional, such decision shall not affect the validity of any of the remaining provisions of this act. All townships, not townships of the first class, shall be townships of the second class.
If a majority of the votes cast at any such election shall be in favor of remaining a township of the first class, no further proceedings shall be had for a period of four years, after which period the board of township commissioners, by unanimous action, may, or upon petition of ten per centum of the registered voters of the township shall, through the county board of elections, resubmit the question of the electors of the township in the manner hereinbefore provided. The ballots at such election shall designate the term for which each commissioner is elected. Certificate of Creation of Township.--Whenever a township of the first class is created, the clerk of the court shall certify such creation to the Department of Community Affairs and Department of Highways of the Commonwealth. L.345, No.148) Compiler's Note: Section 301(a)(16) of Act 58 of 1996, which created the Department of Community and Economic Development and abolished the Department of Community Affairs, provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferrred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 235 are transferred to the Department of Community and Economic Development. Petition of Electors.--Upon petition to the court of quarter sessions of at least ten per centum of the registered electors of any township of the first class setting forth that the inhabitants of the township desire to change the name of the township, the court shall order an election to be held on the next day appointed for the holding of a general, municipal or primary election occurring at least ninety days after the presentation of the petition, at which election the question whether the name of the township shall be changed shall be submitted to the voters of the township. Notice of the election shall be given in at least one newspaper of general circulation of the proper county once a week for four consecutive weeks, which shall set forth the time of the election and the purpose thereof. Returns and Effect of Election.--The election officers shall compute the votes cast on the question and make return thereof to the clerk of the court of quarter sessions who shall tabulate the same and certify the result thereof. If three township commissioners are elected at large at such election, two shall be elected for terms of four years each, and one for a term of two years. The number of commissioners thereafter elected at large in any such township shall be the difference between the number of wards and five, and a sufficient number of commissioners shall be elected at large at each municipal election preceding the expiration of terms of commissioners at large so that the total number of commissioners in the township will at all times be five.
(c) Creation of Townships of the First Class by Consolidation Compiler's Note: Section 2 of Act 90 of 1994 repealed provisions relating to the consolidation of townships. Their successors shall be elected for terms of four years in accordance with this act. Election of Tax Collector in New Townships.--At the municipal election, the qualified electors of a new township shall elect a tax collector for a two 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 act. The clerk of the court shall be allowed a fee of three dollars and fifty cents for his services, to be paid as part of the costs of the proceedings. The publication of the notice shall be made on behalf of the petitioners in such form as the court shall approve. If a majority of the votes cast at any such election shall be 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. Stream Boundaries.--Whenever any township is bounded by the nearest margin of any navigable stream, and the opposite township, borough, or city, as the case may be, is also bounded by the nearest margin of the same stream, the middle of such stream shall be the boundary between such township and the opposite township, borough or city. Petition to Court; Commissioners' Report.--Upon application by petition, the court shall appoint three impartial citizens, one of whom shall be a registered surveyor or engineer, to inquire into the prayer of the petition. Election Districts.--The court of quarter sessions may, from time to time, divide any such ward into two or more election districts so as to suit the conveniences of the electors thereof. Successors to such township commissioners elected at large at such election shall be elected for terms of four years each. Whenever, in any township previously divided into wards, a new ward is created, and the number of wards thereafter in such township is five, then, at the municipal election preceding the expiration of the term of office of any commissioner or commissioners elected at large, a township commissioner shall be elected for such ward, who shall reside in the ward.
The said commissioner shall make an enrollment of the inhabitants of such township and make report thereof to the court at the next ensuing term.
Upon the filing of the report the same shall be confirmed nisi, which confirmation shall become absolute unless excepted to within thirty days thereafter, during which time notice of the said filing and confirmation shall be advertised in a newspaper of general circulation once a week for three weeks. Schedule for Election of Commissioners in Townships First Divided into Wards.--When a township is first divided into wards, the township commissioners then in office shall continue in office until the expiration of their respective terms.
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