[Ord. 294, 11/26/2007, § 27-1301]
The procedures set forth in the Act, 53 P.S. § 10101
et seq., shall constitute the exclusive mode for securing review of
any decision rendered or deemed to have been made under this chapter.
[Ord. 294, 11/26/2007, § 27-1302]
Questions of an alleged defect in the process of enactment or
adoption of any ordinance or map shall be raised by an appeal taken
directly from the action of the Dublin Borough Council to the Bucks
County Court of Common Pleas not later than 30 days from the effective
date of the ordinance or map.
[Ord. 294, 11/26/2007, § 27-1303]
1.
A landowner who, on substantive grounds, desires to challenge the
validity of an ordinance or map or any provision thereof which prohibits
or restricts the use or development of land in which he has an interest
shall submit the challenge either:
2.
Persons aggrieved by a use or development permitted on the land of
another by an ordinance or map, or any provision thereof, who desires
to challenge its validity on substantive grounds shall first submit
their challenge to the Zoning Hearing Board for a decision thereon
under § 909.1(a)(1) of the Act, 53 P.S. § 10909.1(a)(1).
3.
A.
In challenges before the Zoning Hearing Board, the challenging party
shall make a written request to the Board that it hold a hearing on
its challenge. The request shall contain the reasons for the challenge.
Where the landowner desires to challenge the validity of such ordinance
and elects to proceed by curative amendment under § 609.1
of the Act, 53 P.S. § 10609.1, his application to the Borough
Council shall contain, in addition to the requirements of the written
request hereof, the plans and explanatory materials describing the
use or development proposed by the landowner in lieu of the use or
development permitted by the challenged ordinance or map. Such plans
or other materials shall not be required to meet the standards prescribed
for preliminary, tentative or final approval or for the issuance of
a permit, so long as they provide reasonable notice of the proposed
use or development and a sufficient basis for evaluating the challenged
ordinance or map in light thereof. Nothing herein contained shall
preclude the landowner from first seeking a final approval before
submitting his challenge.
B.
If the submission is made by the landowner to the Borough Council
under Subsection 1B, the request also shall be accompanied by an amendment
or amendments to the ordinance proposed by the landowner to cure the
alleged defects therein.
C.
If the submission is made to the Borough Council, the Borough Solicitor
shall represent and advise it at the hearing or hearings referred
to in § 909.1(b)(4) of the Act, 53 P.S. § 10909.1(b)(4).
D.
The Borough Council may retain an independent attorney to present
the defense of the challenged ordinance or map on its behalf and to
present their witnesses on its behalf.
E.
Based upon the testimony presented at the hearing or hearings, the
Borough Council or the Zoning Board, as the case may be, shall determine
whether the challenged ordinance or map is defective, as alleged by
the landowner. If a challenge heard by a Borough Council is found
to have merit, the Borough Council shall proceed as provided in § 609.1
of the Act, 53 P.S. § 10609.1. If a challenge heard by a
Zoning Hearing Board is found to have merit, the decision of the Zoning
Hearing Board shall include recommended amendments to the challenged
ordinance which will cure the defects found. In reaching its decision,
the Zoning Hearing Board shall consider the amendments, plans and
explanatory material submitted by the landowner and shall also consider:
(1)
The impact of the proposal upon roads, sewer facilities, water
supplies, schools and other public service facilities.
(2)
If the proposal is for a residential use, the impact of the
proposal upon regional housing needs and the effectiveness of the
proposal in providing housing units of a type actually available to
and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of the ordinance or map.
(3)
The suitability of the site for the intensity of use proposed
by the site's soils, slopes, woodlands, wetlands, floodplains,
aquifers, natural resources and other natural features.
(4)
The impact of the proposed use on the site's soils, slopes,
woodlands, wetlands, floodplains, natural resources and natural features,
the degree to which these are protected or destroyed, the tolerance
of the resources to development and any adverse environmental impacts.
(5)
The impact of the proposal on the preservation of agriculture
and other land uses which are essential to public health and welfare.
F.
The Borough or the Zoning Hearing Board, as the case may be, shall
render its decision within 45 days after the conclusion of the last
hearing.
4.
The Zoning Hearing Board or Borough, as the case may be, shall commence
its hearings within 60 days after the request is filed unless the
landowner requests or consents to an extension of time.
5.
Public notice of the hearing shall include notice that the validity
of the ordinance or map is in question and shall give the place where
and the times when a copy of the request, including any plans, explanatory
material or proposed amendments may be examined by the public.
6.
The challenge shall be deemed denied when:
A.
The Zoning Hearing Board or Borough, as the case may be, fails to commence the hearing within the time limits set forth in Subsection 4.
B.
The Borough notifies the landowner that it will not adopt the curative
amendment.
C.
The Borough adopts another curative amendment which is unacceptable
to the landowner.
D.
The Zoning Hearing Board or Borough, as the case may be, fails to
act on the request 45 days after the close of the last hearing on
the request, unless the time is extended by mutual consent by the
landowner and the Borough.
7.
Where, after the effective date of this chapter, a curative amendment
proposal is approved by the grant of a curative amendment application
by the Borough pursuant to § 909.1(b)(4) of the Act, 53
P.S. § 10909.1(b)(4), or a validity challenge is sustained
by the Zoning Hearing Board pursuant to § 909.1(a)(1) of
the Act, 53 P.S. § 909.1(a)(1), or the Court acts finally
on appeal from denial of a curative amendment proposal or a validity
challenge, and the proposal or challenge so approved requires a further
application for subdivision or land development, the developer shall
have two years from the date of such approval to file an application
for preliminary or tentative approval pursuant to Articles V or VII
of the Act, 53 P.S. §§ 10501 et seq., 10701 et seq.
Within the two-year period, no subsequent change or amendment in the
zoning, subdivision or other governing ordinance or plan shall be
applied in any manner which adversely affects the rights of the applicant
as granted in the curative amendment or the sustained validity challenge.
Upon the filing of the preliminary or tentative plan, the provisions
of § 508(4) of the Act, 53 P.S. § 10508(4), shall
apply. Where the proposal appended to the curative amendment application
or the validity challenge is approved but does not require further
application under any subdivision or land development ordinance, the
developer shall have one year within which to file for a building
permit. Within the one-year period, no subsequent change or amendment
in the zoning, subdivision or other governing ordinance or plan shall
be applied in any manner which adversely affects the rights of the
applicant as granted in the curative amendment or the sustained validity
challenge. During these protected periods, the Court shall retain
or assume jurisdiction for the purpose of awarding such supplemental
relief as may be necessary.
[Ord. 294, 11/26/2007, § 27-1304]
1.
In order not to unreasonably delay the time when a landowner may
secure assurance that the ordinance or map under which he proposed
to build is free from challenge, and recognizing that the procedure
for preliminary approval of his development may be too cumbersome
or may be unavailable, the landowner may advance the date from which
time for any challenge to the ordinance or map will run under § 914.1
of the Act, 53 P.S. § 10914.1, by the following procedure:
A.
The landowner may submit plans and other materials describing his
proposed use or development to the Zoning Officer for a preliminary
opinion as to their compliance with the applicable ordinances and
maps. Such plans and other materials shall not be required to meet
the standards prescribed for preliminary, tentative or final approval
or for the issuance of a building permit so long as they provide reasonable
notice of the proposed use or development and a sufficient basis for
a preliminary opinion as to its compliance.
B.
If the Zoning Officer's preliminary opinion is that the use
or development complies with the ordinance or map, notice thereof
shall be published once each week for two successive weeks in a newspaper
of general circulation in the municipality. Such notice shall include
a general description of the proposed use or development and its location,
by some readily-identifiable directive, and the place and times where
the plans and other materials may be examined by the public. The favorable
preliminary approval under § 914.1 of the Act, 53 P.S. § 10914.1,
and the time therein specified for commencing a proceeding with the
Board shall run from the time when the second notice thereof has been
published.
[Ord. 294, 11/26/2007, § 27-1305]
The Borough Council may from time to time amend, supplement,
change, modify, or appeal this chapter, including the Zoning Map.
When doing so, the Borough Council shall proceed in the manner prescribed
in this Part.
[Ord. 294, 11/26/2007, § 27-1306; as amended by Ord. 311, 2/13/2017]
1.
Proposals for amendment, supplement, change, modification or repeal
may be initiated by the Borough Council on its own motion, by the
Planning Commission, or by petition of one or more owners of property
to be affected by the proposed amendment, subject to the following
provisions:
A.
If the amendment is prepared by other than the Dublin Borough Planning
Commission, the Borough Council shall submit the amendment to the
Dublin Borough Planning Commission at least 30 days prior to the public
hearing to be conducted by Borough Council to provide the Dublin Borough
Planning Commission an opportunity to submit recommendations.
(1)
At least 30 days prior to the public hearing, Borough Council
shall submit the proposed amendment to the Bucks County Planning Commission
for recommendations.
(2)
Any amendment affecting a Zoning Map change shall be conspicuously
posted at the Dublin Borough Municipal Building and posted at points
deemed sufficient by the Borough along the tract to notify potentially
interested citizens.
(3)
Before voting on enactment of the proposed amendment, Borough
Council must hold a public hearing with proper public notice.
(4)
Proper notice shall be considered publishing the proposed amendment
or a summary of the proposed amendment in one newspaper of general
circulation not more than 60 days nor less than seven days prior to
passage.
(5)
Borough Council must vote to enact the proposed amendment within
90 days of the last public hearing. If the scheduled date of the vote
is later than one of the aforementioned requirements, then either
another advertisement or public hearing, as appropriate, must be accomplished.
(6)
If substantial changes are made to the proposed amendment, the
Borough Council shall readvertise the revised proposed amendment one
time at least 10 days prior to the scheduled date of enactment with
a brief summary of all of the proposed amendment's provisions,
together with a summary of the changes.
(7)
Within 30 days after enactment, a copy of the amendment of the
ordinance shall be forwarded to the Bucks County Planning Commission.
B.
Proposals Originated by the Planning Commission. The Planning Commission
may at any time transmit to the Borough Council any proposal for the
amendment, supplement, change, modification, or repeal of this chapter.
C.
Proposals Originated by a Citizen's Petition. Each petition
by one or more owners of property with a proposal for amendment, supplement,
change or modification shall be signed and acknowledged and submitted
in writing to the Secretary of the Borough Council. On receipt of
said petition, the Borough Council shall transmit a copy of the petition
to the Planning Commission as long as an amendment has not been advertised.
When a citizen petition is received by the Council, they will submit
it to the Planning Commission as long as an amendment has not been
advertised. If an amendment has been advertised, a citizen shall present
the petition to the Council at the time of the hearing on the pending
ordinance for consideration.
D.
Within 30 days after its submission to the Planning Commission, the
Commission shall submit to the Borough Council a report containing
the Commission's recommendation, including any additions to or
modifications of the original proposal.
[Ord. 294, 11/26/2007, § 27-1307]
1.
Proposals for amendment shall include a detailed impact statement.
A change of zoning generally means a deviation from the previously
planned growth pattern of the Borough. Such changes invariably have
an impact on the community, on the environment or on taxes. A detailed
statement of these impacts is therefore to be submitted with a citizen's
petition pursuant to this Part. Such statement shall contain the following:
A.
Transportation impact.
B.
Sewer facilities impact-Use Department of Environmental Resources
format.
C.
Water facilities and supplies impact.
D.
School services impact.
E.
Other public facilities impact.
F.
Regional housing needs impact. This is to include some statement
of impact in providing housing units of a type actually available
to and affordable by classes of persons otherwise unlawfully excluded
by the challenged provisions of this chapter.
H.
Environmental impact.
I.
Impact on preservation of agriculture and other land uses essential
to public health and welfare.
[Ord. 294, 11/26/2007, § 27-1308; as amended by Ord. 311, 2/13/2017]
1.
Before voting on the enactment of an amendment, the Borough shall
hold a public hearing thereon, pursuant to public notice. In addition,
if the proposed amendment involves a Zoning Map change, notice of
said public hearing shall be conspicuously posted by the Borough at
points deemed sufficient by the Borough along the tract to notify
potentially interested citizens at least one week prior to the hearing.
2.
In the case of an amendment other than that prepared by the planning
agency, the Borough shall submit each such amendment to the planning
agency at least 30 days prior to the hearing on such proposed amendment
to provide the planning agency an opportunity to submit recommendations.
3.
If, after any public hearing held upon an amendment, the proposed
amendment is changed substantially, or is revised to include land
previously not affected by it, the Borough shall hold another public
hearing, pursuant to public notice, before proceeding to vote on the
amendment.
