2963 - Exercise of municipal powers by home rule county.

     § 2963.  Exercise of municipal powers by home rule county.        A county which has adopted a home rule charter shall not at     any time thereafter exercise within any municipality in the     county a power or function being exercised by that municipality,     except under all of the following conditions:            (1)  The exercise of such power or function by the county        shall be authorized by ordinance of the governing body of the        county, which ordinance, in addition to such other filings as        may be required by law, shall be filed with the clerk or        secretary of each local municipality within the county within        30 days of its enactment.            (2)  The transfer of a power or function to the county        from any local municipality within the county, as authorized        by the ordinance, shall not become effective for at least 15        months from the date of adoption of the ordinance.            (3)  Within 120 days from the adoption of the ordinance,        the governing body of any local municipality, exercising on        the date of the adoption of the ordinance any power or        function authorized by ordinance of the county to be        exercised by the county, may elect by ordinance to be        excluded from the county's exercise of the power or function.        Within 60 days after the date of adoption by the governing        body of a local municipality of an ordinance excluding the        local municipality from the exercise by the county of a power        or function or in the absence of any action of the governing        body, the qualified electors of the local municipality may        initiate a petition requiring that the question of inclusion        or exclusion from the exercise of the power or function by        the county be submitted to a referendum of the electorate at        the election held on the date of the next ensuing primary,        municipal or general election not less than 60 days after the        filing of the initiative petition with the county board of        elections. The initiative and referendum procedures set forth        in this subchapter or Subchapter F (relating to general        provisions and limitations for optional plan municipalities)        shall be followed, except where the same may be inconsistent        with any of the provisions of this section. In the event the        county determines there is insufficient interest or that it        is not feasible to establish the proposed municipal function        or power as provided for in the ordinance passed by the        county, the county may repeal the county ordinance prior to        the effective date of the ordinance.            (4)  The governing body of any local municipality may by        ordinance, subsequent to the time limit for action as set        forth in paragraph (3), request the county to be included in        a municipal power or function being exercised by the county.        However, the county may specify the terms and conditions for        acceptance or denial of the power or function requested by        the local municipality to be exercised by the county, which        shall be subject to court review if the local municipality        determines that the terms and conditions as set forth by the        county are unreasonable.            (5)  No assessment, tax, fee or levy in the nature        thereof made by the governing body of a county in support of        the exercise of a power or function as authorized by        ordinance of the county shall be applicable in any local        municipality within the county which is providing the same        municipal power or function.            (6)  If the electors of a local municipality by        referendum vote to exclude the local municipality from the        exercise of a power or function by the county, a petition may        not be initiated nor may a referendum be held on the same        question more often than every five years thereafter.            (7)  A local municipality may, by action of the governing        body or by initiative and referendum, withdraw from a power        or function which it was exercising at the date of the        adoption of the county home rule charter which it transferred        to a county, provided it again assumes and exercises the        power or function, but may not vote on the question of        withdrawing sooner than four years from the time the county        assumed the power or function of the local municipality.