[Ord. 294, 11/26/2007, § 27-1001]
1. 
Jurisdiction. Dublin Borough Council shall have exclusive jurisdiction to hear and render final adjudications in the following matters:
A. 
All applications for approvals of planned residential developments under Article VII pursuant to the provisions of § 702 of the Act, 53 P.S. § 10702.
B. 
All applications pursuant to § 508 for approval of subdivisions or land developments under Article V of the Act, 53 P.S. § 10508.
C. 
Applications for conditional use under the express provisions of this chapter pursuant to § 603(c)(2) of the Act, 53 P.S. § 10603(c)(2).
D. 
Applications for curative amendment to a zoning ordinance pursuant to §§ 609.1 and 916.1(a)(2) of the Act, 53 P.S. §§ 10609.1, 10916.1(a)(2).
E. 
All petitions for amendments to land use ordinances. Any action on such petitions shall be deemed legislative acts.
F. 
Other matters vested in Bucks County by the Act, 53 P.S. § 10101 et seq.
2. 
Borough Council Functions; Conditional Uses. Dublin Borough shall hold hearings on and decide requests for conditional uses in accordance with specified standards and criteria. In granting a conditional use, the Borough Council may attach such reasonable conditions and safeguards, in addition to those expressed in the ordinance, as it may deem necessary to implement the purposes of the Act, 53 P.S. § 10101 et seq., and this chapter.
[Ord. 294, 11/26/2007, § 27-1002]
1. 
In granting a conditional use, the Borough Council shall make findings of fact consistent with the provisions of this chapter. The Borough Council shall not approve a conditional use except in conformance with the conditions and standards outlined in this chapter.
2. 
The Borough Council shall grant a conditional use only if it finds adequate evidence that any proposed development submitted will meet all of the following general requirements as well as any specific requirements and standards listed herein for the proposed use. The Borough Council shall among other things require that any proposed use and location be:
A. 
In accordance with the Dublin Borough Comprehensive Plan.
B. 
In the best interests of the Borough, the convenience of the community, the public welfare, and be a substantial improvement to the property in the immediate vicinity.
C. 
Suitable for the property in question, and designed, constructed, operated, and maintained so as to be in harmony with and appropriate in appearance to the existing or intended character of the general vicinity.
D. 
In conformance with all applicable requirements of this chapter and all Borough ordinances.
E. 
Suitable in terms of effect on highway traffic and safety with adequate access arrangements to protect streets from undue congestion and hazard.
F. 
In accordance with sound standards of subdivision and land development practice where applicable.
3. 
Review of Conditional Use by the Planning Commission. The Borough Council shall request an advisory opinion from the Planning Commission on any application for a conditional use; the Planning Commission is to submit a report of such advisory opinion prior to the date of the public hearing held by the Borough Council or an application the Planning Commission may request a report from the Borough Engineer.
[Ord. 294, 11/26/2007, § 27-1003; Ord. No. 347, 7/14/2025]
1. 
The landowner shall make a written request to the Borough Council that it hold a hearing on his application. The request shall contain a statement reasonably informing the Borough Council of the matters that are in issue.
2. 
The application shall be accompanied by plans and other materials describing the use or development proposed. Such plans and other materials shall provide a sufficient basis for evaluating the applicant's requests. Information required by this chapter shall accompany the application.
3. 
Application Requirements for Conditional Uses. The applicant shall pay for the cost of a conditional use hearing. These costs shall include:
A. 
Compensation for the Secretary;
B. 
Notice and advertising costs;
C. 
Administrative overhead connected with the hearing;
D. 
One half of the appearance fee of the stenographer and the entire cost of the transcript if the applicant requests a copy of the transcript.
[Ord. 294, 11/26/2007, § 27-1004]
1. 
The Borough Council shall conduct hearings and make decisions in accordance with the following:
A. 
The parties to the hearing shall be the Borough, any persons affected by the application who have made timely appearance of record, and any other persons including representatives of civic or community organizations permitted to appear by the Borough Council. The Borough Council may require that all persons who wish to be considered parties enter appearances in writing on forms provided for that purpose.
B. 
The chairman or acting chairman shall have the power to administer oaths and issue subpoenas to compel the attendance of witnesses and the production of relevant documents and papers, including witnesses and documents requested by the parties.
C. 
The parties shall have the right to be represented by counsel and shall be afforded the opportunity to respond and present evidence and argument and cross-examine adverse witnesses on all relevant issues.
D. 
Formal rules of evidence shall not apply, but irrelevant, immaterial or unduly repetitious evidence may be excluded.
E. 
A stenographic record and transcript of the proceedings shall be kept, and copies of graphic or written material received in evidence shall be made available to any party, at cost.
F. 
The Borough Council shall not communicate, directly or indirectly, with any party or his representative in connection with any issue involved except upon notice and where all parties have opportunity to participate. The Borough Council shall not take notice of any communication, report, staff memoranda, or other materials unless the parties are afforded an opportunity to contest the material so noticed, and shall not inspect the site or its surroundings after the commencement of hearing with any party unless all parties are given an opportunity to be present.
G. 
The Borough Council shall render a written decision on the application within 45 days after the last hearing before the Borough Council. Conclusions based on the provision of any act of the commonwealth, or ordinance, rule or regulation, shall contain a reference to the provisions relied upon and the reasons why the conclusion is deemed appropriate in light of the facts found. Where the Borough Council fails to render its decision within 45 days, the decision shall be deemed to have been rendered in favor of the applicant, unless the applicant has agreed in writing to an extension of time.
H. 
A copy of the final decision of the findings shall be delivered to the applicant personally or mailed to him via certified or registered letter not later than the day following its date. To all other persons who have filed their name and address with the board, prior to the close of the hearings, the Board shall mail a brief notice of the decision or findings and a notice of the place where they may examine the full decision or findings.