
ARTICLE
III TOWNSHIP LINES AND BOUNDARIES
Section 301. Stream Boundaries.-When
any township is bounded by the nearest margin of any navigable
stream and the opposite municipal corporation is also bounded
by the nearest margin of the same stream, the middle of the
stream is the boundary between the township and the opposite
municipal corporation. This section does not repeal any local
or special law.
Section 302. Ascertainment
of Boundaries.--(a) The courts of common pleas may upon the
presentation of a petition: (1) require the lines or boundaries
of townships to be ascertained and
(2) ascertain disputed lines and boundaries between two or
more townships or between townships and any municipal corporation.
(b) When any petition is presented, the court may require
the petitioners to file a bond in a sufficient sum to secure
the payment of all costs of the proceeding.
Section 303. Petition to Court;
Commissioners' Report.-Upon application by petition, the court
shall appoint three impartial citizens as commissioners, One
of whom shall be a registered surveyor or engineer, to inquire
into the request of the petition. After giving notice to parties
interested as directed by the court, the commissioners shall
hold a hearing and view the lines or boundaries; and they
shall make a plot or draft of the lines and boundaries proposed
to be ascertained and established if they cannot be fully
designated by natural lines or boundaries. The commissioners
shall make a report to the court, together with their recommendations.
Upon the filing of the report it shall be confirmed nisi,
and the court may require notice to be given by the petitioners
to the parties interested.
Section 304. Exceptions and
Procedure.-Exceptions to the report may be filed by any interested
person or municipal corporation or school district within
thirty days after the filing of the report, and the court
shall set a day for the hearing of the exception. Notice of
the hearing shall be given as the court may direct. After
hearing, the court may sustain the exceptions or dismiss them
and confirm the report or refer the report back to the same
or new commissioners with authority to make another report.
If no exceptions are filed within thirty days after the filing
of the report, the court shall confirm the report absolutely.
When any report is confirmed absolutely, the court shall enter
a decree establishing the lines and boundaries as shown in
the report.
Section 305. Costs.-The compensation
and expenses of commissioners appointed to ascertain and establish
township lines shall be in the amount approved by the court.
The court shall ascertain how the costs of the proceeding,
including the furnishing and placing of markers, shall be
paid and may assess them against the petitioners, any affected
township or municipal corporations and school districts affected.
Section 306. Adjustment of
Indebtedness.-When the boundaries of any township are ascertained
and established, the court of common pleas may adjust the
taxes, debts and expenses for township, municipal and school
purposes between the townships, municipal corporations and
school districts affected.
Section 307. Adjustment for
Costs or Values of Improvements.- (a) When the boundaries
of any townships have been ascertained and established or
when an annexation procedure is consummated with the result
that a portion of a township is determined to be within the
boundaries of another municipal corporation the township shall
be paid by the municipal corporation the following costs or
value of improvements located within the portion of the township
affected:
(1) The value of all improvements to roads by the township
within five years.
(2) The cost of sanitary sewer systems constructed by the
township within fifteen years.
(3) The value of public buildings and all improvements other
than roads and sewers.
(b) All costs or values shall be paid within one year after
the final confirmation by the court or before the completion
of the annexation process. This section does not apply to
the cost of any road, sanitary sewer systems or facilities
which have been assessed against the real property within
the affected territory.
(c) If any present indebtedness of the township losing the
affected area exists by reason of any improvements located
in the affected area and the municipal corporation gaining
the affected area assumes a portion of the indebtedness, any
payment on account of the indebtedness shall be a credit to
the municipal corporation gaining the affected area on account
of the cost of the improvement.
(d) When an amicable settlement cannot be made on the amount
to be paid under this section, the court of common pleas,
upon application by any one of the municipal corporations
involved, shall determine the amount to be paid.
