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Act 3 Amends Pennsylvania’s Second-Class Township Code

Posted on September 15th, 2025
by Karley Biggs Sebia

On June 27, 2025, Pennsylvania Governor Josh Shapiro signed Act 3 of 2025 (“Act”) into law. The Act amends the Second Class Township Code by changing the long-standing rule governing when newly adopted ordinances take effect.

Under the prior law, ordinances generally became effective five days after adoption, unless a later effective date was specified. The Act now gives townships the discretion to make ordinances effective immediately upon adoption.

Background

Act 3 began as House Bill 209 (HB 209), sponsored by Representative Lisa Borowski and supported by the Pennsylvania State Association of Township Supervisors. The bill was introduced to align Second Class Township procedures with those of First Class Townships, where ordinances may already take effect immediately unless a later date is set. After passing both chambers of the General Assembly during the 2025–2026 session, HB 209 was signed by Governor Shapiro and became Act 3 of 2025.

Changes to the Second Class Township Code

The Act amends Section 66601 of Title 53 of the Pennsylvania Statutes (relating to ordinances). Supporters of the amendment argued that the five-day waiting period for new ordinances often created unnecessary challenges. It slowed down the ability of local governments to respond to urgent community needs and adapt to changing circumstances. For example, municipalities sometimes needed to address pressing infrastructure concerns or respond quickly to public health directives, but the delay prevented timely action. It also hindered the enactment of other time-sensitive measures, such as traffic or public safety regulations, leaving communities without needed protections.

Act 3 eliminates the default five-day delay, allowing ordinances to take effect immediately unless a later date is specified. This broadens immediate effectiveness beyond emergency situations and gives Second Class Townships greater discretion in setting effective dates.

Why This Act Matters

While the Act reflects a small textual change, it has a large impact on local government. According to the Pennsylvania Department of Community & Economic Development, Pennsylvania consists of 2,559 municipalities. Of these, 1,454 are Second Class Townships, representing 44% of Pennsylvania’s population and far outnumber Pennsylvania’s 93 First Class Townships, 53 Third Class (such as Bethlehem and Allentown), and 955 boroughs.

Second Class Townships adopt ordinances to address the needs of their constituents, but the five-day waiting period limited their ability to act quickly. The amendment creates greater uniformity across local governments and allows Second Class Townships to implement ordinances without delay, giving them added flexibility in managing local affairs.

What Does This Act Mean For You?

The key takeaway is that this change gives municipalities discretion to respond more quickly to local needs. This may include implementing traffic safety measures, addressing zoning or development issues, or adopting environmental and health protections, etc. At the same time, townships still retain the option to include a waiting period within the ordinance itself, providing additional lead time when that better serves their community.

For property owners, business owners, and developers, the amendment reduces uncertainty by removing the five-day waiting period that once left projects caught between old and new rules. Immediate effectiveness provides clarity, streamlines the development process, and allows builders to adjust plans and financing with confidence rather than waiting in limbo. It also promotes improved coordination for those working across multiple municipalities, since Second Class Townships now follow the same timing approach as First Class Townships. Together, these changes create a more consistent regulatory environment that supports both long-term planning and day-to-day decision-making in development projects.

Effective Date

The Amendment to the Second Class Township Code took effect on June 27, 2025.

Municipal Minutes are a publication of KingSpry’s Municipal Law Practice Group. They are meant to be informational and do not constitute legal advice. If you have a question about Act 3, please see your local legal counsel or one of the Municipal attorneys at KingSpry.

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