Constitutional Construction. The provisions of this chapter shall be severable, and if any of its provisions shall be held to be unconstitutional, the validity of any of the remaining provisions of this chapter shall not be affected. It is hereby declared as the legislative intention that this chapter would have been adopted had such unconstitutional provisions not been included therein.

Purpose of Ordinance; General. Pursuant to §§ 105,604, 605, 606 and 607 of the Act, 53 P.S. §§ 10105, 10604, 10605, 10606, 10607, it is the intent, purpose and scope of this chapter to protect and promote safety, health and morals; to accomplish coordinated development; to provide for the general welfare by guiding and protecting amenity, convenience, future governmental, economic, practical, and social and cultural facilities, development and growth, as well as the improvement of governmental processes and functions; to guide uses of land and structures, type and location of streets, public grounds and other facilities; to promote the conservation of energy through the use of planning practices and to promote the effective utilization of renewable energy sources; and to minimize such problems as may presently exist or which may be foreseen.

Providing standards to control the amount of open space and impervious surfaces within a development; to control the intensity of development in areas of sensitive natural resources or natural features in order to reduce or eliminate adverse environmental impacts.

Providing methods to implement Article I, § 27, of the Constitution of the Commonwealth of Pennsylvania, which decrees that the people have a right to clean air, adequate supplies of pure water, and to the preservation of the natural, scenic, historic, and aesthetic values of the environment and to protect natural resources which are a part of the ecological system to which we are all bound, and therefore are the common property of all the people, including generations yet to come, and must be protected to insure the health, safety and welfare of all the people.

Providing standards for all types of dwelling units so that all the people may have access to decent, sound and sanitary housing; to meet the goals of the Federal Housing Act of 1949, to provide adequate zoning to meet a fair share of the region's housing needs.

Giving effect to policies and proposals of the Dublin Borough Comprehensive Plan, duly adopted by the Borough Council of Dublin Borough.

Controlling and regulating the growth of the Borough, concentrating development in areas where adequate sewage facilities, roads and schools can be provided, and limiting development in areas where these facilities are not provided.

Lessening the danger and congestion of traffic on the roads and highways and reducing excessive numbers of roads.

Securing safety from fire, panic, flood and other damages.

Protecting the tax base and preventing blight.

Securing economy in local government expenditures.

In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

Whenever any regulations made under authority of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of buildings or smaller number of stories, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required in or under any other statute, the provisions of the regulations made under authority of this chapter shall govern.

Whenever the provisions of any other statute require a greater width or size of yards, courts or other open spaces, or require a greater percentage of lot to be left unoccupied, or impose other higher standards than are required by any regulations made under authority of this chapter, the provisions of such statute shall govern.

This chapter does not repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically or impliedly repealed by this chapter, or any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant hereto.

Those provisions in the Dublin Borough Subdivision and Land Development Ordinance [Chapter 22] concerned with varying design standards shall not be considered to be in conflict with the provisions of this chapter.

This chapter shall be interpreted to provide for the reasonable development of minerals in the Borough in accordance with § 603(i) of the Municipalities Planning Code, 53 P.S. § 10603(i).

It is hereby declared to be the intent of the Borough Council that:

The municipal authority, water company or any other municipality that plans to expand water, sanitary sewer or storm sewer service via a new main extension to a proposed development that has not received any municipal approval shall the notify the Borough by certified mail, return receipt requested, of its intention and shall provide the Borough an opportunity to provide written comment on whether the proposed expansion of service within the Borough is generally consistent with this chapter.

The purpose of the requirement of this section is to provide the municipal authority, water company or any other municipality with information regarding how its decision to expand service may potentially enhance and support or conflict with or negatively impact of the land use planning of the Borough.

Nothing in this section shall be construed as limiting the right as a municipal authority, water company or any other municipality to expand service as otherwise permitted by law.

Except as provided in § 619.2 of the Municipalities Planning Code, 53 P.S. § 10619.2, nothing in this chapter shall be construed as limiting the authority of the Pennsylvania Public Utility Commission over the implementation, location, construction or maintenance of public utility facilities. The requirements of this section shall not apply to an expansion of service by a municipal authority, water company or other municipality that is ordered by a court or a federal or state agency.

As used in this section:

Nothing in this section shall be construed to authorize the Borough to regulate the allocation or withdrawal of water resources by any person, municipal authority or water company that is otherwise regulated by the Pennsylvania Public Utility Commission or other federal or state agencies or statutes.

Pursuant to the authority granted to boroughs to prohibit nuisances, to promote the health, cleanliness, comfort and safety of the citizens of the Borough of Dublin and the authority of the Borough to enact local provisions to regulate the sale, distribution and display and exhibition of activities concerning obscene and other sexual material as provided in 18 Pa.C.S.A. § 5903(k), the Borough enacts this Adult Use Ordinance. In so doing, the Borough makes the following findings and statements: