(a) General rule.--Except as provided in subsection (b), after the approval of a referendum pursuant to section 736 (relating to conduct of referenda), any person who is a resident of a municipality to be consolidated or merged may petition the court of common pleas to order the appropriate municipal governing bodies to:
(1) implement the terms of a transitional plan and schedule adopted pursuant to section 734 (relating to joint agreement of governing bodies) or 737 (relating to consolidation or merger agreement); or
(2) adopt or amend a transitional plan or schedule if the court finds that the failure to do so will result in the unreasonable perpetuation of the separate forms and classifications of government existing in the affected municipalities prior to the approval of the referendum.
(b) Exception.--After consolidation or merger pursuant to section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter), any person who is a resident of the newly consolidated or merged municipality may petition the court of common pleas to order the governing body of that municipality to act to accept or provide alternatives to the recommendations of the commission in accordance with section 735.1(k)(3)(iii).
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 7 - Alteration of Territory or Corporate Entity and
Section 711 - Scope of subchapter
Section 714 - Stream boundaries
Section 715 - Boundary change agreement by abutting municipalities
Section 716 - Petition and establishment of disputed boundaries by judicial ascertainment
Section 717 - Judicial ascertainment procedure
Section 718 - Effective date of boundary change
Section 719 - Notification of boundary change
Section 722 - Collection of taxes levied prior to change of boundary and authorized expenditures
Section 723 - Election districts and officers
Section 724 - Governing body agreements
Section 725 - Adjustment of indebtedness
Section 726 - Judicial adjustment award proceedings
Section 727 - Compensation, expenses and costs
Section 728 - Territory located in multiple counties
Section 731 - Short title of subchapter
Section 733 - Procedure for consolidation or merger
Section 734 - Joint agreement of governing bodies
Section 735 - Initiative of electors seeking consolidation or merger without new home rule charter
Section 735.1 - Initiative of electors seeking consolidation or merger with new home rule charter
Section 736 - Conduct of referenda
Section 737 - Consolidation or merger agreement
Section 738 - Effectuation of consolidation or merger
Section 739 - Effect of transition on employees of consolidated or merged municipality