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Current as of January 01, 2026 | Updated by Findlaw Staff
(a) Formation.--The administrator shall, within 90 days following appointment and in consultation with the department, develop an essential services plan to provide essential services after the date of disincorporation. The essential services plan shall provide for:
(1) Negotiation of contracts for the provision of vital and necessary services, not otherwise provided by an authority, as defined under Chapters 6 and 7. 1 If the municipality participates in a regional police or fire department through an intergovernmental cooperation agreement, the essential services plan may provide for continued service from that regional department by contract or by renegotiating the intergovernmental cooperation agreement.
(2) Local emergency management in accordance with the plan and program of the Pennsylvania Emergency Management Agency. The administrator shall consult with the emergency management organization of the county where the district is located to develop a plan which serves the district in a substantially similar manner as plans required for a political subdivision under 35 Pa.C.S. Ch. 75 Subch. A (relating to general provisions). The plan shall include a procedure for a declaration of a disaster emergency to be made in the district and the designation of a local coordinator of emergency management. The administrator is authorized to negotiate any contracts which are necessary to provide for the execution of a plan formed under this paragraph.
(3) Payment of the lawful financial obligations of the unincorporated service district, including any transferred current obligation of the municipality and service of any debt incurred by the municipality in the manner provided by Subchapter D, 2 after the disincorporation of the municipality.
(4) Assessment of fees as provided by Subchapter D.
(5) Disposition of all municipal property by sale, lease or conveyance for any of the following purposes:
(i) Payment of outstanding debt obligations.
(ii) Provision of services by an entity contracting with the unincorporated service district.
(iii) Possession of title by the Commonwealth as provided by Subchapter D.
(6) Termination of all contracts with the municipality.
(7) Administration of the unincorporated service district, which may include reimbursement to the department for the compensation of the administrator.
(8) Establishment of the date of disincorporation of the municipality as provided for by section 439. 3
(9) Establishment of the name of the district. A district established by this act shall be named “The Unincorporated District of ․․․․․․․․․․․․․․․․․․․․․․․․․”
(b) Restrictions.--An essential services plan may not:
(1) Provide for the levy of any taxes.
(2) Terminate an obligation to repay any debt, except that the plan may designate the unincorporated service district as the servicer of a debt and may specify that a debt secured by the collection of taxes shall be secured by the assessment of fees sufficient to satisfy the service obligations of the debt.
(3) Assess and collect a higher amount of fees in the district's first full calendar year totaling 5% more than the total taxes levied in the municipality's final year before disincorporation.
(4) Authorize the incurrence of any debt by the district, except as provided under section 441(k). 4
(c) Governing standards of the district.--
(1) The essential services plan shall provide for governing standards, which standards shall include:
(i) Rules and conduct related to the maintenance of property, conduct in public places and the parking of vehicles in public places which shall protect the health, safety and welfare of the residents and property owners of the district to the extent such rules and conduct could have been adopted by the municipality by ordinance.
(ii) Fines and other relief which may be granted by a court presiding over a civil action brought for a violation of the governing standards.
(2) If the governing body of the municipality adopts recommended governing standards as provided in section 435(c), 5 the administrator shall include the recommended governing standards in the essential services plan unless the administrator finds that the recommended governing standards are unlawful, unconstitutional or would substantially impede the administration of the essential services plan.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 53 P.S. Municipal and Quasi-Municipal Corporations § 11701.436. Essential services plan - last updated January 01, 2026 | https://codes.findlaw.com/pa/title-53-ps-municipal-and-quasimunicipal-corporations/pa-st-sect-53-11701-436/
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