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

512 words·~2 min read·/pa/title-73/chapter-1/106

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(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.

73c106v

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

73c107s