73 Pa.C.S. Ch. 73

in effect

73 Pa.C.S. § 7301 Acquisition of land and buildings.

(a) Authorization.--For the purpose of making, enlarging and maintaining public parks, recreation areas and facilities, a township may, subject to subsection (b): (1) separately or jointly with another political subdivision, by ordinance dedicate and set apart land not dedicated to another public use or purpose; and (2) enter upon, appropriate and acquire by gift, devise, purchase, lease or otherwise, private property. (b) Facilities.--A township may construct and equip a new facility upon land under subsection (a). (c) Taxation.--A township may levy and collect general taxes, or special taxes under section 4908(a)(9) (relating to tax levies), as necessary to pay for action under this section. (d) Appropriations.--A township may make appropriations for the construction, improvement, maintenance, care, regulation and government of land and facilities under this section. (e) Prohibition.--A township, acting individually or jointly with another political subdivision, may not acquire private property within the limits of another municipal corporation without the consent of the governing body of the municipal corporation where the property is located.

73 Pa.C.S. § 7302 Creation of recreation board.

A board of commissioners has the following powers related to recreation: (1) Equip, operate, maintain and regulate public parks, recreation areas and facilities. (2) Conduct recreation programs. (3) Appoint officers and hire employees. (4) By ordinance, vest authority under paragraphs (1), (2) and (3) in: (i) an appropriate local agency; or (ii) a park or recreation board established by ordinance stating powers and duties. Cross References. Section 7302 is referred to in sections 7303, 7304 of this title.

73 Pa.C.S. § 7303 Composition of park or recreation boards.

(a) Members.--If a board of commissioners establishes a park or recreation board under section 7302(4)(ii) (relating to creation of recreation board), the board of commissioners shall appoint five or seven individuals. Each individual must be a resident of, or own property in, the township where the park or recreation board operates. (b) Terms.-- (1) Initial appointments shall be for staggered terms so that the terms of no more than two members expire annually. (2) Subsequent appointments shall be for terms of five years or until successors are appointed. (3) A member of a park or recreation board may only be removed by the board of commissioners for malfeasance in office or nonfeasance in office. (4) A vacancy on a park or recreation board shall be filled by the board of commissioners for the unexpired term. (c) Compensation.--Members of a park or recreation board shall serve without compensation.

73 Pa.C.S. § 7304 Organization and operation of park or recreation boards.

(a) Officers.--The members of a park board or recreation board shall elect, for a one-year term, a chairperson, a secretary and other necessary officers. (b) Employees.--If specified in the vesting ordinance under section 7302(4)(ii) (relating to creation of recreation board), the park or recreation board may employ necessary individuals. (c) Business.-- (1) Except as specified in paragraph (2), a park or recreation board may adopt rules for the conduct of its business. (2) Paragraph (1) does not apply if the vesting ordinance under section 7302(4)(ii) prohibits rulemaking. (d) Annual report.--A park or recreation board shall submit an annual report to the board of commissioners. The report shall include an analysis of the community recreation areas, facilities and leadership, with particular reference to extent, adequacy and effectiveness, in view of the public expenditure involved and the public needs to be met.

73 Pa.C.S. § 7305 Expenses.

(a) Payment.-- (1) Expenses incurred in the maintenance and operation of parks, recreation areas and facilities under this chapter shall be payable from the treasury of the township or from the treasury of the applicable political subdivisions pursuant to an intergovernmental cooperation agreement. (2) The board of commissioners may annually appropriate money to pay expenses under paragraph (1). (b) Taxation.--The board of commissioners may raise money for payment under subsection (a) by general or special taxation.

73 Pa.C.S. § 7306 Joint ownership and maintenance.

(a) Authority.--A township may join or establish, with other municipalities, a joint recreation board under 53 Pa.C.S. Ch. 23 Subch. A (relating to intergovernmental cooperation). The joint recreation board may acquire property for and operate and maintain parks, public recreation areas and facilities. A school district may join with the township in equipping, operating and maintaining parks, public recreation areas and facilities and may appropriate money for those actions. (b) Costs and expenses.--Costs and expenses of the joint recreation board, including those relative to property jointly acquired, shall be paid for by the respective municipalities as specified in the intergovernmental cooperation agreement. Cross References. Section 7306 is referred to in section 4908 of this title.

73 Pa.C.S. § 7307 Issue of bonds.

A township may incur indebtedness and may issue general obligation bonds for the purpose of acquiring land, buildings and equipment for parks and recreation areas under 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).

73 Pa.C.S. § 7311 Right of establishment.

(a) Ordinance.--A township may, by ordinance, establish a shade tree commission. (b) No ordinance.--If there is no ordinance under subsection (a), the board of commissioners shall have the powers and duties of a shade tree commission under this chapter. Cross References. Section 7311 is referred to in section 7312 of this title.

73 Pa.C.S. § 7312 Appointment, terms and vacancies.

(a) Scope.--This section applies to a shade tree commission established under section 7311(a) (relating to right of establishment). (b) Composition.--The board of commissioners shall appoint three or five shade tree commissioners. Each shade tree commissioner must be a resident of the township. (c) Terms.-- (1) If three shade tree commissioners are appointed: (i) one initial term shall be for three years; (ii) one initial term shall be for four years; and (iii) one initial term shall be for five years. (2) If five shade tree commissioners are appointed: (i) one initial term shall be for one year; (ii) one initial term shall be for two years; (iii) one initial term shall be for three years; (iv) one initial term shall be for four years; and (v) one initial term shall be for five years. (3) A term for a subsequent appointment shall be for five years. (4) A vacancy shall be filled by the board of commissioners for the unexpired term. (d) Compensation.--Shade tree commissioners shall serve without compensation.

73 Pa.C.S. § 7313 Powers may be vested in park commission.

If a township has a commission for the care of public parks, the board of commissioners may, by ordinance, confer on that commission the powers and duties of the shade tree commission.

73 Pa.C.S. § 7314 General powers of shade tree commission.

Except as provided in section 5524 (relating to trees and shrubbery within right-of-way), the shade tree commission: (1) has exclusive custody and control of the shade trees in the township; and (2) may plant, remove, maintain and protect shade trees on the public streets and highways in the township.

73 Pa.C.S. § 7315 Hiring of employees and regulations.

(a) Employees.--The shade tree commission may, with the approval of the board of commissioners, select, employ and discharge and pay individuals to perform the functions of the shade tree commission. (b) Regulations.-- (1) Subject to paragraph (2), the commission may promulgate and enforce regulations for the care and protection of the shade trees of the township. (2) A regulation is not in force until the regulation is: (i) approved by the board of commissioners; and (ii) published at least once in a newspaper of general circulation under section 1107 (relating to legal advertising).

73 Pa.C.S. § 7316 Report of shade tree commission.

(a) Requirement.--The shade tree commission shall annually report to the board of commissioners the shade tree commission's transactions and expenses for the preceding fiscal year of the township. (b) Incorporation.--The park commission may incorporate the transactions and expenses in the park commission's regular report to the board of commissioners.

73 Pa.C.S. § 7317 Notice of work.

(a) Requirement.--If a shade tree commission proposes to plant, transplant or remove shade trees on a street or highway, notice of the time and place of the meeting at which the work is to be considered must be given once in one newspaper of general circulation immediately preceding the time of the meeting. (b) Contents.--The notice shall specify in detail the street or highway where trees are proposed to be planted, transplanted or removed. Cross References. Section 7317 is referred to in section 7320 of this title.

73 Pa.C.S. § 7318 Payment by owners and assessment.

(a) Payment--The owner of the real estate abutting the location of the planting, transplanting or removal of a shade tree shall pay the cost of: (1) the work; (2) necessary and suitable guards, curbing or grading for protection of the shade trees; and (3) replacing pavement or sidewalk necessarily disturbed in the execution of the work. (b) Assessment.-- (1) Subject to paragraph (2), if the township undertakes work under subsection (a), costs shall be assessed in accordance with Chapter 63 (relating to assessments for public improvements). (2) If the benefit conferred method of assessment is used, the benefit conferred may not exceed actual cost. Cross References. Section 7318 is referred to in sections 7319, 7320 of this title.

73 Pa.C.S. § 7319 Removal of diseased or dangerous trees.

(a) Owners.--The shade tree commission may, by regulation and upon notice required by an ordinance, order a property owner to cut and remove trees afflicted with a disease which threatens to injure or destroy shade trees in the township. (b) Commission.--If an owner does not comply with an order under subsection (a), the township may perform work and assess and collect the cost against the property owner under section 7318 (relating to payment by owners and assessment).

73 Pa.C.S. § 7320 Maintenance by township and funds.

(a) Responsibility.--The township shall pay: (1) the cost and expense of caring for shade trees after planting; and (2) the expense of publishing the notice under sections 7317 (relating to notice of work) and 7318 (relating to payment by owners and assessment). (b) Certification.--The shade tree commission shall annually certify costs and expenses under subsection (a) to the board of commissioners. (c) Appropriation.--Instead of levying the tax authorized under the general tax levying powers of this part, the board of commissioners may provide for the expenses under subsection (a) by an appropriation equal to the amount certified under subsection (b).

73 Pa.C.S. § 7321 Penalties.

(a) Authority.--As provided by ordinance, a shade tree commission may assess penalties for the violation of the shade tree commission's regulations and this chapter relating to shade trees. (b) Effect.--A penalty under subsection (a): (1) is a lien upon the real estate of the offender; and (2) may be collected as a municipal claim.

73 Pa.C.S. § 7331 Right of acquisition of forest lands.

A township has the following powers: (1) To acquire, by purchase, gift or lease, a tract of land covered with forest or tree growth or suitable for the growth of trees for the benefit of the township. A tract under this paragraph may be located within or outside the township. (2) To administer a tract under paragraph (1) in accordance with the practices and principles of scientific forestry.

73 Pa.C.S. § 7332 Ordinance and notice.

If the board of commissioners deems it expedient to acquire land for forests, it shall pass an ordinance describing the facts and conditions relating to the proposed action.

73 Pa.C.S. § 7333 Appropriation for acquisition.

Money necessary for the purchase of a tract shall be appropriated in the same manner as appropriations for township purposes. Money may be provided from the current revenue or by the proceeds of a sale of general obligation bonds.

73 Pa.C.S. § 7334 Regulations.

Upon acquisition of a forest or land suitable for a forest, the board of commissioners may promulgate regulations governing the proper administration of the acquired forestry as necessary to produce continuing township revenue by the sale of forest products. The regulations may provide for the administration, maintenance, protection and development of the forests or lands suitable for forests as necessary or expedient. Cross References. Section 7334 is referred to in section 7336 of this title.

73 Pa.C.S. § 7335 Appropriation for maintenance and revenue.

Money necessary for the administration, maintenance, protection and development of forests shall be appropriated and applied for township purposes. The revenue and the return on the revenue arising from the forests shall be paid into the township treasury to be used for general township purposes.

73 Pa.C.S. § 7336 Use of township forests.

A township forest may be used by the public as general outing or recreation grounds subject to the regulations under section 7334 (relating to regulations).

73 Pa.C.S. § 7337 Ordinance of sale.

(a) Determination.--If the board of commissioners deems it expedient to sell or lease a township forest, a part of a township forest or a product from a township forest, the board of commissioners shall pass an ordinance specifying the facts and conditions relating to the proposed action. (b) Requirements.--To pass an ordinance under subsection (a), the board of commissioners must comply with the advertising and bidding requirements of section 4302 (relating to real property).

73 Pa.C.S. § 7338 Appropriation of money to forestry organizations.

The board of commissioners may appropriate money from the township treasury: (1) to a forest protection association cooperating in forest work with the Department of Conservation and Natural Resources; or (2) to be expended in direct cooperation with the department in forest work.

73 Pa.C.S. § 7341 Management.

(a) Payment.--A penalty or assessment under this chapter shall be paid to the township treasurer. (b) Use.--The township treasurer shall keep penalties and assessments in a separate fund and utilized only for the purposes authorized by this chapter.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=73Fetched: 10/16/2026