§ 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.

Legislative History

Cross References.Section 715 is referred to in sections 718, 719 of this title.