Pennsylvania Consolidated & Unconsolidated Statutes
Act 41 - MUNICIPALITIES (53 PA.C.S.) - MUNICIPAL BOUNDARY CHANGE, CHANGES IN ASSESSED VALUATION, ABSTRACTS OF BUILDING AND DEMOLITION PERMITS TO BE FORWARDED TO THE COUNTY ASSESSMENT OFFICE AND REPEALS

Session of 2022
No. 2022-41
 
SB 477
 
AN ACT
 
Amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes,
in alteration of territory or corporate entity and dissolution, providing for municipal
boundary change; in consolidated county assessment, further providing for definitions,
for changes in assessed valuation and for abstracts of building and demolition permits
to be forwarded to the county assessment office; and making related repeals.

 
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
 
Section 1.  Chapter 7 of Title 53 of the Pennsylvania Consolidated Statutes is amended by adding
a subchapter to read:

SUBCHAPTER B
MUNICIPAL BOUNDARY CHANGE
Sec.
711.  Scope of subchapter.
712.  Definitions.
713.  Interpretation.
714.  Stream boundaries.
715.  Boundary change agreement by abutting municipalities.
716.  Petition and establishment of disputed boundaries by judicial ascertainment.
717.  Judicial ascertainment procedure.
718.  Effective date of boundary change.
719.  Notification of boundary change.
720.  Monuments.
721.  Wards.
722.  Collection of taxes levied prior to change of boundary and authorized expenditures.
723.  Election districts and officers.
724.  Governing body agreements.
725.  Adjustment of indebtedness.
726.  Judicial adjustment award proceedings.
727.  Compensation, expenses and costs.
728.  Territory located in multiple counties.
729.  Bond issues.
§ 711.  Scope of subchapter.
This subchapter relates to municipal boundary changes and adjustments to municipal
indebtedness and property rights following boundary change.

§ 712.  Definitions.
The following words and phrases when used in this subchapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

"Abutting municipal corporations."  Municipal corporations that share contiguous territory.
"Boundary ascertainment."  Establishment of a municipal boundary between abutting municipal corporations by judicial
decree.

"Boundary change" or "change of boundary."  Any change in the municipal boundary between abutting municipalities, other than as
a result of a merger or consolidation under Subchapter C (relating to consolidation
and merger), including any transfer of territory, boundary clarification or boundary
ascertainment.

"Boundary clarification."  Establishment of a municipal boundary by agreement under this subchapter between municipal
corporations in a territorial area with a previously unclear boundary.

"Contiguous territory."  Territory of which a portion abuts the boundary of another municipal corporation,
including territory separated from the exact boundary of another municipal corporation
by a street, road, railroad or highway or by a river or other natural or artificial
stream of water.

"Governing body."  The council in a city, borough or incorporated town, the board of commissioners in
a county or township of the first class, the board of supervisors in a township of
the second class or the legislative policymaking body in a home rule municipality.

"Impacted property."  A parcel of real property that is divided by a municipal boundary prior to, or will
be divided incident to, a proposed boundary change.

"Impacted territory."  Territory which is subject to a boundary change.
"Municipal corporation."  A city, borough, incorporated town, township or home rule municipality that is not
a county.

"Municipality."  A county, city, borough, incorporated town or township.
"Unclear boundary."  Contiguous territory between two municipal corporations in which the exact boundary
between the municipal corporations is in dispute or cannot be readily discerned as
a result of conflicting or missing records.

§ 713.  Interpretation.
(a)  Certain actions unaffected.--Nothing in this title shall preclude, restrict or limit
successive changes in boundaries and territorial limits of any municipality.

(b)  County boundaries unaffected.--When a boundary change is made under the provisions
of this title which results in a municipal corporation which lies partly in one county
and partly in one or more other counties, the territory within the municipal corporation
shall, for county purposes, be and remain a part of the county in which the respective
territory is physically located.

(c)  School districts unaffected.--Nothing in this title, and no action taken under this
title, shall affect or apply to any school district or any school district boundary,
but nothing shall preclude further action from being taken under the provisions of
the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949,
or other applicable provisions of law to change the boundary or location of a school
district.

(d)  Initiative and referendum.--Nothing in this title shall preclude a change of boundary
by initiative and referendum as provided in sections 8 and 14 of Article IX of the
Constitution of Pennsylvania.

§ 714.  Stream boundaries.
(a)  General rule.--If a municipal corporation is bounded by the nearest margin of a navigable
stream and the opposite municipal corporation is also bounded by the nearest margin
of the same stream, the middle of the stream shall be the boundary between the municipal
corporations.

(b)  Prior actions unaffected.--Nothing in this section shall be construed to affect any
boundary established prior to the effective date of this section between municipal
corporations or repeal any local or special law contrary to this section.

§ 715.  Boundary change agreement by abutting municipalities.
(a)  General rule.--Two or more abutting municipal corporations may, by the adoption of
an ordinance memorializing an agreement under this subchapter:

(1)  Transfer or exchange territory between municipal corporations.
(2)  Establish a territorial boundary between municipal corporations by boundary clarification.
(a.1)  County boundary agreement by certain abutting counties.--Two or more abutting counties may, by the adoption of an ordinance memorializing an
agreement under this subchapter, transfer territory between counties to the extent
necessary to align a portion of the county territorial boundary with the territorial
boundary of a municipal corporation where the municipal corporation is divided by
the existing county territorial boundary.
(b)  Prohibition on unincorporated territory.--No boundary change may result in territory
not incorporated in any municipal corporation or county.

(c)  Contents of ordinance.--An ordinance under this section shall provide a description
of the territory to be transferred by a change of boundary, or territorial boundary
to be established within the impacted territory, and shall contain or have attached
a plot showing the courses and distances of the boundaries of the municipalities as
follows:

(1)  In the case of a transfer of territory, municipal boundaries before and after the
proposed change in the boundaries or territorial limits.

(2)  In the case of a boundary established to resolve an unclear boundary, the proposed
boundary and a description of the area which was in dispute or unclear.

(d)  Public meeting.--In addition to the procedures that apply to the proposal and adoption
of ordinances, each municipality shall accept public comment on the proposed ordinance
at a regular or special meeting occurring not less than 10 days after the ordinance
is introduced and occurring not less than 10 days prior to the adoption of the ordinance.
Nothing shall prevent the municipalities from satisfying this requirement by holding
a joint public meeting in one of the municipalities.

(e)  Notification of ordinance.--Within 15 days after enactment of an ordinance under this
subchapter, the governing body of a municipality shall perform all of the following
acts:

(1)  Assign, for reference, a distinctive designation to any impacted territory.
(2)  File with the clerk of court and board of commissioners of the county a certified
copy of the ordinance by which the change was effected, together with a plot, showing
the courses and distances of the boundaries before and after the change and clearly
indicating any designation or designations, as provided in paragraph (1). If the impacted
territory is located in or impacts the territorial boundary of more than one county,
the documents and information shall be filed in each impacted county.

(3)  Notify the record owner of each impacted property in writing.
(f)  Petition and suspension of ordinance.--A boundary change under an ordinance enacted
under this section shall be suspended  following the presentation of a petition, in writing, to the municipal secretary,
or the chief clerk of the county, as the case may be, of at least one impacted municipality
protesting the proposed boundary change. A valid petition under this section shall
be composed of:

(1)  at least 20% of registered electors of the municipal corporation or county. Petitioners
must provide their address on the petition along with their respective signatures;
or

(2)  at least one owner of an impacted property.
(g)  Deadline for filing petition and notice.--A petition under subsection (f) shall be
filed with the secretary or clerk of the municipal corporation, or the chief clerk
of the county, as the case may be, where the registered electors reside no later than
the 20th day after the date on which the municipal corporation files its documents
under subsection (e)(2) in the county. If the required number of registered electors
have signed the petition, the municipal secretary or clerk shall provide notice of
the petition to the governing body of all impacted municipalities.

(h)  Referendum.--The following shall apply:
(1)  If the required number of electors or owners have signed the petition as provided
in subsection (f) in any impacted municipal corporation or county, the governing body
of each impacted municipality shall call for a referendum to be held at the time of
the next general, municipal or primary election occurring at least 90 days after the
petition has been filed, at which election the question of whether the boundary change
as provided in the ordinance of each affected municipality will be submitted to the
electors of each affected municipality. Notice of the election and the text of the
question to be submitted to the electors shall be published in the same manner as
publication is required in section 1201 of the act of June 3, 1937 (P.L.1333, No.320),
known as the Pennsylvania Election Code.

(2)  The question to be submitted to the electors on the ordinance shall be framed to identify
the ordinance, followed by the words "yes" and "no." The question shall be placed
on the ballot which shall be counted, returned and computed in accordance with the
election laws of this Commonwealth.

(3)  If the majority of the qualified electors of the municipality voting on the ordinance
vote for the ordinance in all impacted municipalities, the boundary change shall take
effect.

§ 716.  Petition and establishment of disputed boundaries by judicial ascertainment.
(a)  Judicial ascertainment.--A court of common pleas may, upon presentation of a petition,
ascertain and establish disputed boundaries of two or more municipal corporations.

(b)  Bond required.--If a petition is presented, the court under subsection (a) may require
the petitioners to file a bond in a sufficient amount to secure the payment of all
costs of the proceeding.

(c)  Petition requirement.--A petition under this section shall be submitted in writing
by:

(1)  One or more owners of an impacted property.
(2)  Ten or more residents of any municipal corporation impacted by the disputed boundary.
§ 717.  Judicial ascertainment procedure.
(a)  Appointment.--Upon application by petition under section 716 (relating to petition
and establishment of disputed boundaries by judicial ascertainment), the court shall
appoint three impartial individuals as commissioners, one of whom must be a surveyor
or registered engineer.

(b)  Hearing.--After providing notice to interested parties and upon publication of the
petition, as directed by the court, the commissioners shall hold a hearing and view
the disputed lines and boundaries.

(c)  Stay of proceedings.--In the event that the governing body of a municipal corporation
notifies the court that the impacted municipal corporations intend to resolve the
disputed boundary by agreement under this act, the court shall stay any proceedings
under this section for 90 days. A stay may be extended at the discretion of the court
if it appears that the impacted parties are pursuing an agreement in good faith.

(d)  Report.--A majority of the commissioners shall issue the report and recommendations
to the court, accompanied by a plot or draft of the lines and boundaries proposed
to be ascertained and established if the lines and boundaries cannot be fully designated
by natural lines or boundaries.

(e)  Exceptions.--Exceptions to the report under subsection (d) may be filed within 30
days after the filing of the report by an interested person or political subdivision.
The court shall set and provide notice of a hearing on the exceptions. After a hearing
under this subsection, the court may sustain or dismiss the exceptions. If the court
has sustained the exceptions, the court may refer the report back to the same or new
commissioners with the authority to make another report.

(f)  Decree.--If no exceptions are filed within 30 days after the filing of the report,
or the exceptions have been dismissed, the court shall confirm the report. If a report
is confirmed, the court shall:

(1)  Enter a decree ascertaining and establishing the lines and boundaries as shown in
the report.

(2)  Direct publication of the decree under paragraph (1).
(3)  Order that the boundary line be marked by appropriate monuments.
(g)  Compensation, expenses and costs.--The compensation and expenses of commissioners
appointed under subsection (a) shall be in a reasonable amount as approved by the
court. The court shall, by order, provide how costs and expenses of the proceedings
shall be paid and may assess the costs individually or in apportioned amounts against
the following:

(1)  The petitioners.
(2)  Any interested municipal corporation.
§ 718.  Effective date of boundary change.
(a)  Change by ordinance.--The change in boundaries under an ordinance shall take effect
on January 1 of the year following the date on which all of the documents under section
715(e)(2) (relating to boundary change agreement by abutting municipalities) have
been filed, unless:

(1)  the filing date is within 60 days prior to the end of a calendar year, in which case
the change shall take effect as of January 1 of the second year following the filing
date; or

(2)  a timely petition is filed under section 715 in which case the petition shall act
as a supersedeas and the change in boundaries in all impacted municipalities shall
only take effect if the referendum under section 715 passes, where the boundary change
shall take effect on January 1 of the year following the referendum.

(b)  Change by ascertainment.--A change of boundaries by judicial ascertainment shall take
effect on the effective date of the decree.

(c)  Change by referendum.--In the event of a change of boundary under the provisions of
section 8 of Article IX of the Constitution of Pennsylvania by referendum, the change
of boundary shall take effect on January 1 of the year following the referendum.

§ 719.  Notification of boundary change.
(a)  General rule.--Within 15 days after a change in boundaries has taken effect, the governing
body of a municipality shall file a final report of the boundary change containing
the following information with the County Board of Elections, the Department of Community
and Economic Development, the Department of Transportation, the Governor's Office
of Policy Development or its successor, the Department of Education and the State
Tax Equalization Board:

(1)  The name of the impacted municipalities.
(2)  A land survey showing the courses and distances of the boundary in the impacted territory.
(3)  The location of the monuments along the new boundary line.
(4)  The total assessed valuation of the impacted territory.
(5)  The approximate population of the impacted territory.
(6)  The designation, as provided for in section 715(e)(1) (relating to boundary change
agreement by abutting municipalities), by which the impacted territory is to be known.

(7)  In the case of a boundary change by judicial ascertainment, the decree shall be attached
to the report.

(b)  Combined notifications authorized.--All municipalities impacted by a boundary change
may jointly provide for a combined final report under subsection (a).

§ 720.  Monuments.
The impacted municipalities shall provide for the placement of monuments, no more
than 1,500 feet apart, along the newly established boundary line, other than where
a natural line can be described, in a manner adequate that the entire territory in
question can be depicted and represented for the future. The coordinates of monuments
shall be expressed in terms of the State Plane Coordinate System in effect on the
date of the change of boundary.

§ 721.  Wards.
(a)  Increased municipal territory.--If a municipal corporation gaining territory is divided
among wards, the governing body shall, within 30 days after the change in boundaries
is effective, provide for the distribution of the gained territory among the wards
of the municipal corporation or for the creation of one or more wards out of the gained
territory.

(b)  Decreased municipal territory.--If the municipal corporation decreasing territory
is divided among wards, the governing body of the municipal corporation shall, within
30 days after the change in boundaries is effective, provide for the alteration of
wards among the remaining territory.

§ 722.  Collection of taxes levied prior to change of boundary and authorized expenditures.
(a)  Taxes.--All taxes assessed and levied against property in an impacted territory prior
to the effective date of the boundary change shall be paid to the municipality which
levied the tax, and the collection and enforcement of taxes under this subsection
shall be as though the change of boundary had not taken place.

(b)  Expenditures.--A municipality initiating a boundary change by ordinance under this
subchapter is authorized to make reasonable expenditures for surveys required to describe
the property under consideration or for any other necessary purpose.

§ 723.  Election districts and officers.
All election districts in the impacted territory shall remain as constituted prior
to the boundary change and shall become election districts of the municipality gaining
territory on the change in designation in accordance with the act of June 3, 1937
(P.L.1333, No.320), known as the Pennsylvania Election Code. All election district
officers shall continue in office until the expiration of the officer's term, unless
the office is vacated.

§ 724.  Governing body agreements.
(a)  General rule.--Prior to the effective date of a boundary change, an impacted municipality
may execute an agreement fully resolving:

(1)  Transfers of any funds and indebtedness related to property within the impacted territory.
(2)  The sharing of costs associated with the territorial alteration or clarification.
(3)  The sharing or division of any tax or fee revenues associated with property within
the impacted territory in the year that a territorial alteration occurs.

(4)  A resolution of any matters, rights or other issues incident to the transfer of territory.
(b)  Exception.--In the event that an agreement under this section is incorporated in an
ordinance, sections 725 (relating to adjustment of indebtedness), 726 (relating to
judicial adjustment award proceedings), 727 (relating to compensation, expenses and
costs), 728 (relating to territory located in multiple counties) and 729 (relating
to bond issues) shall not apply.

§ 725.  Adjustment of indebtedness.
(a)  Property.--The following shall apply:
(1)  Following a boundary change under this subchapter or any other provision of law, the
governing bodies of the impacted municipalities shall make an equitable adjustment
and apportionment of all the public real and personal property impacted by the change
of boundary.

(2)  Except as provided under paragraph (3), the property under paragraph (1) shall include
funds and indebtedness.

(3)  If adjusting property and indebtedness under paragraph (1), streets, sewers and utilities
may not be considered except to the extent that current and unpaid indebtedness was
incurred for the construction and improvement of the property.

(b)  Proportion.--In making the adjustment and apportionment under subsection (a), the
following shall apply:

(1)  The municipality gaining territory shall be entitled to a division of the property
and indebtedness in the same proportion that the assessed valuation of the taxable
real estate included within the territorial limits of the newly gained territory bears
to the assessed valuation of the taxable real estate in the municipality losing territory
immediately prior to the boundary change. The municipality losing territory shall
be entitled to the remainder of the property and indebtedness.

(2)  If indebtedness was incurred by the municipality losing territory for an improvement
located wholly within the territorial limits of the newly transferred territory, the
indebtedness shall be assumed by the municipality gaining territory.

(3)  If only part of the improvement is located within the newly transferred territory,
the part of the indebtedness representing the part of the improvement located within
transferred territory shall be assumed by the municipality gaining territory and the
adjustment and apportionment of any remaining debt shall be retained by the municipality
losing territory.

(c)  Form.--The adjustment and apportionment made under this section must meet all of the
following:

(1)  Be in writing and duly executed and acknowledged by the secretary or clerk of each
impacted municipal corporation, or the chief clerk of the county, as the case may
be.

(2)  Be filed in the office of the clerk of the court of common pleas of the county.
(3)  Be filed as a copy with the Department of Community and Economic Development.
(d)  Petition for judicial adjustment.--If the governing bodies of the impacted municipalities
cannot make an amicable adjustment and apportionment of the property and indebtedness
within six months after the effective date of the change in boundaries, the governing
body of a municipality may present a petition to the court of common pleas, or the
Commonwealth Court under section 728 (relating to territory located in multiple counties),
requesting a judicial adjustment.

(e)  Appointment.--After receiving a petition under subsection (d), the court shall appoint
three disinterested commissioners. If the impacted territory is located in two or
more counties, section 728 shall apply. If all of the impacted territory is located
in one county, the commissioners shall meet all of the following requirements:

(1)  Are residents and taxpayers of the county.
(2)  Are not residents of or own real estate in an impacted municipal corporation.
(f)  Report.--The individuals appointed under subsection (e) shall hold a hearing and make
a report to the court containing an adjustment and apportionment of all the property
and the indebtedness between the impacted municipalities. Notice shall be made as
provided by the court. The report shall state the amount due to, payable from and
the amount of indebtedness that shall be assumed by each impacted municipality.

§ 726.  Judicial adjustment award proceedings.
(a)  Notice.--The commissioners appointed under section 725(e) (relating to adjustment
of indebtedness) shall give the impacted municipalities at least five days' notice
of the filing of the report under section 725(f).

(b)  Exceptions.--If exceptions are filed to the report made under section 725(f), the
court shall dispose of the exceptions and shall enter its decree confirming or modifying
the award.

(c)  Confirmation.--Unless exceptions are filed to the report within 30 days after the
date of the filing, the report shall be confirmed by the court and the court shall
issue an appropriate order effectuating the report.

§ 727.  Compensation, expenses and costs.
The commissioners appointed under section 725(e) (relating to adjustment of indebtedness)
shall receive compensation and expenses for their services as provided by the court.
The costs of the proceedings, including the compensation and expenses of the commissioners,
shall be apportioned by the court between the impacted municipalities.

§ 728.  Territory located in multiple counties.
If the impacted territory is located in two or more counties, Commonwealth Court shall
have exclusive jurisdiction over the proceedings to adjust and apportion the property
and indebtedness between the municipalities. Notwithstanding the provisions of section
725(e) (relating to adjustment of indebtedness), the court shall appoint three disinterested
commissioners who are residents of this Commonwealth but are not residents of, or
owners of real estate in, any impacted county.

§ 729.  Bond issues.
In a proceeding to adjust and apportion indebtedness, a municipality shall have power
to issue and deliver interest-bearing bonds in liquidation of the indebtedness ascertained,
to be its proportionate share payable, if the bonds are acceptable to the municipality
entitled to receive the bonds. The court may make necessary orders for the collection
and payment.

Section 2.  Section 8802 of Title 53 is amended by adding definitions to read:
§ 8802.  Definitions.
The following words and phrases when used in this chapter shall have the meanings
given to them in this section unless the context clearly indicates otherwise:

* * *
"Normal regular repairs."  The term shall include:
(1)  The repair or replacement of materials or components of property features for the
purpose of maintenance.

(2)  The replacement of existing property features with new versions reasonably similar
in function, quality, material and dimension.

* * *
"Property features."  The term includes roofing, siding, flooring, heating and air conditioning systems
and windows.

* * *
Section 3.  Sections 8817(a) and 8861 of Title 53 are amended to read:
§ 8817.  Changes in assessed valuation.
(a)  General rule.--In addition to other authorization provided in this chapter, the assessors
may change the assessed valuation on real property when a parcel of land is subdivided
into smaller parcels or when improvements are made to real property or existing improvements
are removed from real property or are destroyed. The recording of a subdivision plan
shall not constitute grounds for assessment increases until lots are sold or improvements
are installed. The painting of a building or the normal regular repairs to a building
[aggregating $2,500 or less in value annually] shall not be deemed cause for a change
in valuation by the assessors under the authority of this section.

* * *
§ 8861.  [Abstracts of building and demolition permits to be forwarded] Submission of permit and substantial improvement information to the county assessment office and civil penalty.

(a)  Permit.--Every municipality, third-party agency or the Department of Labor and Industry
responsible for the issuance of building permits or demolition permits shall forward a copy of each [building] permit to the county assessment office on
or before the first day of every month. In addition to any charge otherwise permitted
by law, a municipality, a third-party agency or the Department of Labor and Industry
may charge an additional fee of $10 to each person to whom a permit is issued for
administrative costs incurred in compliance with this section. The assessment office may provide for the electronic submission of a permit through electronic mail or any other means of electronic transmission or uploading of the permit in its existing form. The provision of permits or permit information to the assessment office as required by this section shall not be subject to the procedures of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law. No agency, public official or public employee shall be liable for civil or criminal damages or penalties for complying with this section.
(a.1)  Noncompliance.--
(1)  If the county assessment office has reason to believe that there is noncompliance
with subsection (a), the assessment office shall provide written notice to the municipality
and, if applicable, a third-party agency, or to the Department of Labor and Industry
in the case of noncompliance by the Department of Labor and Industry. Upon receipt
of the notice, the municipality, third-party agency or Department of Labor and Industry
shall investigate and consult with the assessment office and take any steps the municipality,
third-party agency or Department of Labor and Industry deems necessary to remediate
the noncompliance.

(2)  If, after consultation, noncompliance with subsection (a) continues, the assessment
office may, in the case of continuing noncompliance after notice by a municipality
or third-party agency, institute an action in mandamus before the court of common
pleas to compel compliance with subsection (a). Should the court determine that the
noncompliance is intentional, the court shall award any costs, disbursements, reasonable
attorney fees and witness fees relating to the action to the assessment office.

(b)  Substantial improvement.--If a person makes improvements to any real property, other
than painting of or normal regular repairs to a building, aggregating more than [$2,500]
$4,000 in value and a building permit is not required for the improvements, the property
owner shall furnish the following information to the board:

(1)  the name and address of the person owning the property;
(2)  a description of the improvements made or to be made to the property; and
(3)  the dollar value of the improvements.
(b.1)  County improvement certification form.--The county commissioners may, by ordinance,
require that all persons making substantial improvements to property as set forth
in subsection (b) submit to the county assessment office a county improvement certification
form setting forth the information in subsection (b) prior to beginning any substantial
improvement, regardless of whether a building permit is required. The county may provide
for the electronic submission of the form and a fee no greater than $5. The county
may cooperate with a municipality, third-party agency or the Department of Labor and
Industry in the distribution of forms.

(c)  [Penalty.--Any person that intentionally fails to comply with the provisions of subsection
(b) or intentionally falsifies the information provided, shall, upon conviction in
a summary proceeding, be sentenced to pay a fine of not more than $50.] Civil penalty.--
(1)  The board may assess a civil penalty of not more than $100 upon a person for intentionally
failing to comply with the provisions of subsection (b) or an ordinance enacted in
accordance with subsection (b.1) or intentionally falsifying the information required.

(2)  If a civil penalty is assessed against a person under paragraph (1), the board must notify the person by certified mail of the nature of the violation and the amount of the civil penalty and that the person may notify the board in writing within 10 calendar days that the person wishes to contest the civil penalty. If, within 10 calendar days from the receipt of that notification, the person does not notify the county board of assessment of the person's intent to contest the assessed penalty, the civil penalty shall become final.
(3)  If timely notification of the intent to contest the civil penalty is given, the person
contesting the civil penalty shall be provided with a hearing in accordance with 2
Pa.C.S. Chs. 5 Subch. B (relating to practice and procedure of local agencies) and
7 Subch. B (relating to judicial review of local agency action).

(d)  Existing provisions preserved.--Nothing in this section shall supersede or preempt
any ordinance, resolution or other requirement of a county to submit information on
substantial improvements in effect on the effective date of this subsection.

(e)  Substantial improvement value.--Beginning January 1 of the year immediately following
the effective date of this subsection and each January 1 thereafter, the amount set
forth in subsection (b) shall be increased by the percentage change in the Consumer
Price Index for All Urban Consumers (CPI-U) for the Pennsylvania, New Jersey, Delaware
and Maryland area, for the most recent 12-month period that figures have been officially
reported by the United States Department of Labor, Bureau of Labor Statistics immediately
prior to the date the adjustment is due to take effect. The chief assessor shall maintain
an accurate record of the adjusted amount applicable for each year.

Section 4.  Repeals are as follows:
(1)  The General Assembly declares that the repeals under paragraph (2) are necessary to
effectuate the addition of 53 Pa.C.S. Ch. 7 Subch. B.

(2)  The following acts and parts of acts are repealed:
(i)  The act of April 28, 1903 (P.L.332, No.260), entitled "An act for the annexation of
any city, borough, township, or part of a township, to a contiguous city, and providing
for the indebtedness of the same."

(ii)  The act of May 31, 1923 (P.L.473, No.258), entitled "An act authorizing the annexation
to cities of the second class of portions of townships not exceeding one hundred acres
in area and totally surrounded by said cities; and providing for the division of the
assets and liabilities of said townships."

(iii)  The act of May 12, 1925 (P.L.596, No.320), entitled "An act providing for the alteration
of the boundaries of counties in certain cases for the adjustment of the indebtedness
thereof; providing the effect thereof."

(iv)  Sections 301, 302, 303, 304, 305, 306 and 307 of the act of June 24, 1931 (P.L.1206,
No.331), known as The First Class Township Code.

(v)  Sections 301, 302, 303, 304, 305, 306 and 307 of the act of May 1, 1933 (P.L.103,
No.69), known as The Second Class Township Code.

(vi)  The act of June 15, 1939 (P.L.372, No.217), entitled "An act affecting cities of the
second class A, authorizing the annexation of boroughs and townships thereto under
certain conditions, and, in connection therewith, placing duties upon or affecting
courts of quarter sessions, county boards of elections, and officers of boroughs,
townships and cities of the second class A, and providing for the payment of the indebtedness
of the various territorial units involved."

(vii)  The act of July 20, 1953 (P.L.550, No.145), entitled "An act providing for and regulating
the annexation of parts of a second class township to boroughs, cities and townships."

(viii)  8 Pa.C.S. §§ 501, 502, 503, 504, 505 and 506.
(ix)  11 Pa.C.S. §§ 10601, 10602, 10603, 10604, 10605 and 10606.
(3)  All other acts and parts of acts are repealed insofar as they are inconsistent with
this act.

Section 5.  This act shall take effect in 60 days.
 
APPROVED--The 7th day of July, A.D. 2022.
 
TOM WOLF

Structure Pennsylvania Consolidated & Unconsolidated Statutes