Section 439. Disincorporation of municipality.
(a) Effects of disincorporation.--On the date of disincorporation, the following shall occur:
(1) Notwithstanding any other provision of law, the terms of office of all elected officials of the municipality shall end and no person shall be elected or appointed to fill any vacancy of office.
(2) All ordinances of the municipality shall be nullified.
(3) All corporate powers granted to the municipality under its charter, municipal code or any other provision of law shall terminate.
(4) The municipality shall be deemed by operation of law to be disincorporated. The area formerly contained within the municipality shall be an unincorporated service district as provided under Subchapter D.
(b) Duties of administrator.--On or before the date of disincorporation, the administrator shall:
(1) Execute all contracts for the provision of services and otherwise implement the essential services plan, which shall take effect on the date of disincorporation.
(2) Provide notice of assessments to the property owners of the unincorporated service district according to the procedure provided in section 443(b), which may be a partial year assessment as provided by section 443(e).
(3) Provide notice to the Governor and all Commonwealth agencies that the municipality has been disincorporated and the date of disincorporation.
(c) Duties of county.--Effective on the date of disincorporation, notwithstanding any other provision of law, the county in which the municipality is located shall:
(1) Adopt a zoning ordinance which applies to the unincorporated service district and adopts the substantive provisions of the municipality's zoning ordinance, if any, as it was in effect before nullification by subsection (a)(2).
(2) Adopt an official map for the unincorporated service district which adopts the substance of the municipality's official map, if any, as it was in effect before nullification by subsection (a)(2).
(3) Unless the county has adopted a subdivision and land development ordinance prior to the date of disincorporation of the municipality, adopt a subdivision and land development ordinance which shall apply to any unincorporated service district within the county.
(4) Provide for the administration of the zoning ordinance and the subdivision and land development ordinance as they apply to the unincorporated service district and any other provisions of the act of July 31, 1968 (P.L.805, No.247), known as the Pennsylvania Municipalities Planning Code, that may be applicable.
(5) Amend the county's comprehensive plan to the extent necessary to be consistent with the requirements of this subsection.
(d) Property succession.--Immediately following disincorporation, the area formerly contained within the municipality shall, by operation of law, be deemed an unincorporated service district under Subchapter D, the Commonwealth shall succeed in title to all property, including all real property, personal property and moneys in any municipal account, of the disincorporated municipality to be held in trust for the benefit of the residents and property owners of the unincorporated service district as provided under Subchapter D.
(439 added Oct. 31, 2014, P.L.2983, No.199)