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Pennsylvania Legislator's Municipal Deskbook, Sixth Edition (2020)

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Pennsylvania Legislator's Municipal Deskbook, Sixth Edition (2020) + PENNSYLVANIA LEGISLATOR’S UNICIPAL M Sixth Edition DESKBOOK 2020 Pennsylvania Local Government Commission General Assembly of the Commonwealth of Pennsylvania Harrisburg, PA PENNSYLVANIA LEGISLATOR’S MUNICIPAL DESKBOOK Pennsylvania Local Government Commission Sixth Edition 2020 General Assembly Commonwealth of Pennsylvania Harrisburg, PA Printed at Government Expense - Not to be Sold or Resold for Profit Acknowledgement This booklet, the Pennsylvania Legislator’s Municipal Deskbook, is the sixth edition of a publication that will periodically be updated, expanded, and revised by the Local Government Commission. It was prepared by the staff of the Commission using a variety of sources. The Local Government Commission, a legislative service agency, providing the Members of the Pennsylvania General Assembly with research and analysis on matters affecting local government, was created by Act 102 of 1935, referred to as the Local Government Commission Law.1 Members 2019 - 2020 Senate House Senator Scott E. Hutchinson, Chair Representative R. Lee James Senator Scott F. Martin Representative Dan Moul Senator Judy Ward Representative Garth D. Everett Senator Judith L. Schwank Representative Robert L. Freeman Senator Timothy P. Kearney Representative Christina D. Sappey Staff David A. Greene, Esq., Executive Director Kristopher J. Gazsi, Esq., Assistant Director Wanda S. Dehan, Esq., Legal Counsel Danette H. Magee, Senior Research Analyst Julia E. Frey, Research Analyst Karen S. Bear, Executive Assistant Sonya I. Ebersole, Fiscal Administrator 1 1 46 P.S. § 431.1 et seq. i | Pennsylvania General Assembly ∙ Local Government Commission Table of Contents Acknowledgement ................................................................................................................................................ i Table of Contents ............................................................................................................................................... iii Abbreviations, Acronyms, Signals, Symbols and Legal Terms ..................................................................... v Introduction Overview ............................................................................................................................................................... 1 Note on “Solving” Constituent Inquiries ........................................................................................................ 3 What is the Local Government Commission? ................................................................................................ 5 Basics Local Government Entities in Pennsylvania ................................................................................................... 7 Dillon’s Rule – State Primacy Over Local Governments .............................................................................. 9 Home Rule – An Incursion on State Supremacy .......................................................................................... 11 Preemption of Municipal Regulation by the Commonwealth .................................................................... 13 Municipalities – How They Change: Boundaries, Classification or Forms of Government .................. 15 Intergovernmental Cooperation ...................................................................................................................... 21 Municipal Authorities ....................................................................................................................................... 25 Municipal Statistics ............................................................................................................................................ 29 Citizens' Rights Pennsylvania Right-to-Know Law .................................................................................................................. 31 The Pennsylvania Sunshine Act ...................................................................................................................... 35 Procedural Due Process ................................................................................................................................... 39 Substantive Due Process .................................................................................................................................. 41 Equal Protection ................................................................................................................................................ 43 Governance Quorum: Official Action – Abstention .......................................................................................................... 45 Contracts That Will Bind Future Governing Bodies ................................................................................... 49 Municipal Procurement .................................................................................................................................... 51 Sale of Municipal Property ............................................................................................................................... 55 Selected Municipal Employment Issues ......................................................................................................... 57 Authority Over Borough Police: Mayor vs. Council .................................................................................... 61 Ethics and Conflicts of Interest ...................................................................................................................... 63 Surcharge: Accountability of Officials for Misuse of Public Funds ........................................................... 67 Removal from Office ........................................................................................................................................ 71 iii | Pennsylvania General Assembly ∙ Local Government Commission PENNSYLVANIA LEGISLATOR’S MUNICIPAL DESKBOOK | 6th Ed. (2020) Governmental Immunity & Municipal Liability ........................................................................................... 73 Discretionary vs. Ministerial Acts and the Action of Mandamus ............................................................. 75 Selected Examples of Actions Against Municipalities ................................................................................. 77 Public Health, Welfare and Safety What is the “Police Power”? ............................................................................................................................ 81 Public Nuisances .............................................................................................................................................. 83 Municipal Code Sections Authorizing the Regulation or Abatement of Nuisances ............................. 89 Juvenile Curfews ................................................................................................................................................ 93 Regulation of Animals ...................................................................................................................................... 99 Land Use Public Use of Municipal Recreational Land ................................................................................................ 101 Pennsylvania Statutory and Regulatory Measures to Protect Agricultural Land and Open Space ...... 103 Exclusionary Zoning and the Fair Share Doctrine ..................................................................................... 109 Road Law Basics .............................................................................................................................................. 111 Municipal Eminent Domain .......................................................................................................................... 115 Municipal Regulation of Adult-Oriented Businesses ................................................................................. 119 Private Property Issues Limbs from my Neighbor’s Tree Overhang my Property… What Can I Do? ...................................... 125 Landlocked Property ....................................................................................................................................... 127 Title by Adverse Possession & Easement by Prescription ................................................................................ 131 Taxation and Finance Real Estate Assessment Process in Pennsylvania… An Overview ......................................................... 133 Homestead Exclusion ..................................................................................................................................... 141 Clean and Green .............................................................................................................................................. 145 Pennsylvania Charitable Exemptions ........................................................................................................... 149 Taxpayer Relief Act ......................................................................................................................................... 155 Local Services Tax ........................................................................................................................................... 159 Eliminating Occupation Taxes ...................................................................................................................... 161 Earned Income Taxes ....................................................................................................................................
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