[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]
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,
but not be limited to:
B. Solicitor's fee and other related legal costs.
D. Borough office administration costs.
E. All other costs incurred by the Borough in holding hearings.
[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.