Borough of Gibbsboro, NJ
Camden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Borough Council of the Borough of Gibbsboro 11-15-1982 by Ord. No. 82-8 (Ch. 91 of the 1982 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Environmental impact statements — See Ch. 154.
Flood damage prevention regulations — See Ch. 197.
Mobile homes — See Ch. 259.
Site plan review — See Ch. 324.
Subdivision of land — See Ch. 358.
Zoning — See Ch. 400.

§ 196-1 Purpose.

It is the purpose of this chapter to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
A. 
Protect human life and health.
B. 
Minimize expenditure of public money for costly flood control projects.
C. 
Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public.
D. 
Minimize prolonged business interruptions.
E. 
Minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets and bridges located in areas of special flood hazard.
F. 
Help maintain a stable tax base by providing for the second use and development of areas of special flood hazard so as to minimize future flood blight areas.
G. 
Ensure that potential buyers are notified that property is in an area of special flood hazard.
H. 
Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions.

§ 196-2 Methods of reducing flood losses.

In order to accomplish its purposes, this chapter includes methods and provisions for:
A. 
Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
B. 
Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction.
C. 
Controlling the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters.
D. 
Controlling filling, grading, dredging and other development which may increase flood damage.
E. 
Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas.

§ 196-3 Interpretation.

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. Where the provisions of this chapter impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this chapter shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this chapter, the provisions of such statute, other ordinance or regulations shall be controlling.

§ 196-4 Title.

This chapter shall be known and may be cited as the "Borough of Gibbsboro Flood Damage Prevention Ordinance of 1982."

§ 196-5 Definitions.

[Amended 11-16-1987 by Ord. No. 87-20]
A. 
Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application.
B. 
As used in this chapter, the following terms shall have the meanings indicated:
APPEAL
A request for a review of the Planning Board's interpretation of any provision of this chapter or a request for a variance.
AREA OF SHALLOW FLOODING
A designated AO Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD
The land in the floodplain within a community subject to a one-percent or greater chance of flooding in any given year.
BASE FLOOD
The flood having a one-percent chance of being equaled or exceeded in any given year.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended, through its design and construction, to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or supporting foundation system.
ELEVATED BUILDING
A nonbasement building which is built, in the case of a building in an area of special flood hazard, to have the top of the elevated floor or, in the case of a building in a coastal high-hazard area, to have the bottom of the lowest horizontal structural member of the elevated floor elevated above the ground level by means of piling, columns (posts and piers) or shear walls parallel to the flow of the water and which is adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood. In an area of special flood hazard, "elevated building" also includes a building elevated by means of fill or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of floodwaters. In areas of coastal high hazard, "elevated building" also includes a building otherwise meeting the definition of "elevated building," even though the lower area is enclosed by means of breakaway walls.
FLOOD or FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD INSURANCE RATE MAP (FIRM)
The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY
The official report provided in which the Federal Insurance Administration has provided flood profiles, as well as the Flood Boundary - Floodway Map and the water surface elevation of the base flood.
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than 0.2 foot.
LOWEST FLOOR
The lowest floor of the lowest enclosed area, including basement. An unfinished or flood-resistant enclosure usable solely for the parking of vehicles, building access or storage in an area other than a basement is not considered a building's lowest floor, provided that such enclosure is not built so to render the structure in violation of other applicable nonelevation design requirements.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. For floodplain management purposes, the term "manufactured home" also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles.
MANUFACTURED HOME PARK or MANUFACTURED HOME SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.
NEW CONSTRUCTION
Structures for which the start of construction commenced on or after the effective date of this chapter.
START OF CONSTRUCTION
For other than new construction or substantial improvements under the Coastal Barrier Resources Act (P.L. 97-348), includes substantial improvement and means the date the building permit was issued, provided that the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The "actual start" means either the first placement of permanent construction of a structure on a site such as the pouring of a slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
STRUCTURE
A walled and roofed building, a mobile home or a gas or liquid storage tank that is principally above ground.
SUBSTANTIAL IMPROVEMENT
Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any alteration of a structure listed on the National Register of Historic Places or the New Jersey Register of Historic Places.
VARIANCE
A grant of relief from the requirements of this chapter which permits construction in a manner that would otherwise be prohibited by this chapter.

§ 196-6 Applicability.

This chapter shall apply to all areas of special flood hazards within the jurisdiction of the Borough of Gibbsboro.

§ 196-7 Basis for establishing areas of special flood hazard.

The areas of special flood hazard identified by the Federal Insurance Administration in a scientific and engineering report entitled "Flood Insurance Study - Borough of Gibbsboro, in the County of Camden and State of New Jersey," dated October 15, 1981, with accompanying Flood Insurance Rate Maps (FIRM) and Flood Boundary - Floodway Maps are hereby adopted by reference and declared to be a part of this chapter. The flood insurance study is on file at the Municipal Building, Kirkwood Road, Gibbsboro, New Jersey.

§ 196-8 Violations and penalties.

No structure or land shall hereafter be constructed, located, extended, converted or altered without full compliance with the terms of this chapter and other applicable regulations. Violation of the provisions of this chapter by failure to comply with any of its requirements (including violations of conditions and safeguards established in connection with conditions) shall constitute a misdemeanor. Any person, firm or corporation who or which shall violate this chapter or who fails to comply with any of its requirements shall, upon conviction thereof, be punished as provided in Chapter 1, Article I, General Provisions, for each violation and, in addition, shall pay all costs and expenses involved in the case. Nothing herein contained shall prevent the Borough of Gibbsboro from taking such other lawful action as is necessary to prevent or remedy any violation.

§ 196-9 Abrogation and greater restrictions.

This chapter is not intended to repeal, abrogate or impair any existing easements, convenants or deed restrictions. However, where this chapter and another ordinance, easement, covenant or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail.

§ 196-10 Warning and disclaimer of liability.

The degree of flood protection required by this chapter is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This chapter does not imply that land outside the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This chapter shall not create liability on the part of the Borough of Gibbsboro, any officer or employee thereof or the Federal Insurance Administration for any flood damages that result from reliance on this chapter or any administrative decision lawfully made thereunder.

§ 196-11 Development permits.

A development permit shall be obtained before construction or development begins within any area of special flood hazard established in § 196-7. Application for a development permit shall be made on forms furnished by the Construction Official and may include, but not be limited to, plans in triplicate drawn to scale showing the nature, location, dimensions and elevations of the area in question, existing or proposed structures, fill, storage of materials, drainage facilities and the location of the foregoing. Specifically, the following information is required:
A. 
Elevation, in relation to mean sea level, of the lowest floor, including basement, of all structures.
B. 
Elevation, in relation to mean sea level, to which any structure has been floodproofed.
C. 
Certification by a registered professional engineer or architect that the floodproofing methods for any nonresidential structure meet the floodproofing criteria in § 196-18B.
D. 
Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.
E. 
Additional information required by § 196-14A of this chapter.

§ 196-12 Administrative officer designated.

The Construction Official is hereby appointed to administer and implement this chapter by granting or denying development permit applications in accordance with its provisions.

§ 196-13 Powers and duties of Construction Official.

Duties of the Construction Official shall include, but shall not be limited to, the following:
A. 
Permit review and issuance of permits. The Construction Official shall:
(1) 
Review all development permits to determine that the permit requirements of this chapter have been satisfied.
(2) 
Review all development permits to determine that all necessary permits have been obtained from those federal, state or local governmental agencies from which prior approval is required.
(3) 
Review all development permits to determine if the proposed development is located in the floodway. If located in the floodway, assure that the encroachment provisions of § 196-19A are met.
(4) 
After review, issue permits or advise the applicant of the need for modification prior to issuance of the permit or advise the applicant of the need for a variance before the permit may issue or deny the permit for noncompliance with this chapter.
B. 
When base flood elevation and floodway data has not been provided in accordance with § 196-7, Bases for establishing the areas of special flood hazard, the local administrator shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer § 196-18, Specific standards, Subsection A, Residential construction, and Subsection B, Nonresidential construction.
[Amended 11-16-1987 by Ord. No. 87-20]
C. 
Information to be obtained and maintained. The Construction Official shall:
(1) 
Obtain and record the actual elevation, in relation to mean sea level, of the lowest floor, including basement, of all new or substantially improved structures and whether or not the structure contains a basement.
(2) 
For all new or substantially improved floodproofed structures:
(a) 
Verify and record the actual elevation, in relation to mean sea level.
(b) 
Maintain the floodproofing certifications required in § 196-11C.
(3) 
Maintain for public inspection all records pertaining to the provisions of this chapter.
D. 
Alteration of watercourses. The Construction Official shall:
(1) 
Notify adjacent communities and the New Jersey State Department of Environmental Protection prior to any alteration or relocation of a watercourse and submit evidence of such notification to the Federal Insurance Administration.
(2) 
Require that maintenance is provided within the altered or relocated portion of said watercourse so that the flood-carrying capacity is not diminished.
E. 
Interpretations of FIRM boundaries. The Construction Official shall make interpretations, where needed, as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). In cases of doubt or uncertainty as to the exact limit of the floodway or flood hazard area in a proposed development, the Borough Engineer may, upon the application and with the consent of the landowner and at the expense of the landowner, determine the precise location of a floodway or flood hazard area limit by close inspection, field survey or other appropriate methods and cause the same to be marked on the ground, notifying the landowner, the New Jersey Department of Environmental Protection, the Construction Official and the Planning Board of the results thereof. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in § 196-15.

§ 196-14 Application for and issuance of permit; appeals; hearings.

The following procedure shall govern the issuance of such permits as required by the provisions of § 196-11:
A. 
The property owner shall apply to the Construction Official for approval of development plans, which shall be submitted with the application. Such plans shall include a true and accurate plot plan, submitted in triplicate, drawn to a scale of not less than one inch equals 100 feet with contour lines at intervals of not more than two feet, showing the exact size, shape, location and elevation of existing and proposed building and structures and of any proposed fill or regrading; the exact dimensions and acreage of each lot or plot to be built upon or otherwise used; the location of the floodway and flood hazard area limits; the location, layout and elevation of existing and proposed parking areas, driveway drainage, sewer and water facilities and connections, plantings, seedings, screenings, fences, signs, streets and curbings; and such other information as shall be reasonably required for an evaluation of the effect of the development upon flood control.
B. 
The Construction Official shall, within seven days after receiving the application, forward the same and the development plans submitted therewith to the Zoning Administrator for review. The Zoning Administrator shall, within seven days of receipt of these documents, file a written report with the Construction Official stating whether the application complies with the provisions of Chapter 400, Zoning. If not, the report shall specify and the Zoning Administrator shall notify the applicant in writing of the respects in which it does not comply. If it is indicated that any variance is needed from the provisions of Chapter 400, Zoning, the Construction Official shall nevertheless review the application as hereinafter provided, but approval thereof by the Construction Official shall not relieve the applicant from complying with the provisions of Chapter 400, nor shall it constitute a recommendation of any zoning variance that the applicant may thereafter seek from the appropriate municipal agency.
C. 
The Construction Official shall review the application and, after giving the applicant an opportunity to confer with the Official with respect thereto, shall approve or disapprove the same, being guided in his action by the standards set forth in §§ 196-17, 196-18 and 196-19. Approval may be conditional upon the applicant's adoption of specified changes and as to applications for developments in the floodway and approval of the New Jersey Department of Environmental Protection. The Construction Official shall state his findings and reasons for his action in writing, and a copy thereof shall be given to the applicant.
D. 
The Construction Official shall issue a permit for the development upon his approval of the application in accordance with this chapter, but such permit shall not relieve the applicant from complying with such other laws and ordinances as shall be applicable.
E. 
If any person shall be aggrieved by the action of the Construction Official, appeal in writing to the Planning Board may be taken within 10 days after the date of such action. The Planning Board shall fix and notify the appellant of a time and place for a public hearing on an appeal, and the appellant shall cause notice of such hearing to be published in a newspaper circulating in the Borough at least 10 days prior to the hearing. All parties of interest shall be afforded an opportunity to be heard thereat. After such hearing, the Planning Board shall affirm or reverse the action of the Construction Official and state its findings and reasons for its actions, and a written copy of such action shall be given to the appellant.

§ 196-15 Appeals and requests for variances.

A. 
The Planning Board shall hear and decide appeals and requests for variances from the requirements of this chapter.
B. 
The Planning Board shall hear and decide appeals when it is alleged that there is an error in any requirements, decision or determination made by the Construction Official in the enforcement or administration of this chapter.
C. 
Those aggrieved by the decision of the Planning Board or any taxpayer may appeal such decision to the Borough Council.
D. 
In passing upon such applications, the Planning Board shall consider all technical evaluations, all relevant factors and standards specified in other sections of this chapter and:
(1) 
The danger that materials may be swept onto other lands to the injury of others.
(2) 
The danger to life and property due to flooding or erosion damage.
(3) 
The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.
(4) 
The importance of the services provided by the proposed facility to the community.
(5) 
The necessity to the facility of a waterfront location, where applicable.
(6) 
The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.
(7) 
The compatibility of the proposed use with existing and anticipated development.
(8) 
The relationship of the proposed use with the comprehensive plan and floodplain management program of that area.
(9) 
The safety of access to the property in times of flood for ordinary and emergency vehicles.
(10) 
The expected heights, velocity, duration, rate of rise and sediment transport of the floodwaters expected at the site.
(11) 
The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems and streets and bridges.
E. 
Upon consideration of the factors of Subsection D and the purposes of this chapter, the Planning Board may attach such conditions to the granting of variances as it deems necessary to further the purposes of this chapter.
F. 
The Planning Board shall maintain the records of all appeal actions, including technical information, and report any variances to the Federal Insurance Administration upon request.

§ 196-16 Conditions for issuance of variances.

A. 
Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of 1/2 acre or less in size contiguous to and surrounded by lots with existing structures constructed below the base flood level, provided that the items in § 196-15D(1) through (11) have been fully considered. As the lot size increases beyond the 1/2 acre, the technical justification required for issuing the variance increases.
B. 
Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the New Jersey Register of Historic Places without regard to the procedures set forth in the remainder of this section.[1]
[1]
Editor's Note: See Ch. 222, Historic Preservation.
C. 
Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.
D. 
Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief.
E. 
Variances shall only be issued upon:
(1) 
A showing of good and sufficient cause;
(2) 
A determination that failure to grant the variance would result in exceptional hardship to the applicant; and
(3) 
A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety or extraordinary public expense, create nuisances, cause fraud on or victimization of the public as identified in § 196-15D or conflict with existing local laws or ordinances.
F. 
Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

§ 196-17 General standards.

In all areas of special flood hazard the following standards are required:
A. 
Anchoring.
(1) 
All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.
(2) 
All manufactured homes shall be anchored to resist flotation, collapse or lateral movement. Methods of anchoring may include but are not to be limited to use of over-the-top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.
[Amended 11-16-1987 by Ord. No. 87-20]
B. 
Construction materials and methods.
(1) 
All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage.
(2) 
All new construction and substantial improvements shall be constructed using methods and practices that minimize flood damage.
C. 
Utilities.
(1) 
All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of floodwaters into the system.
(2) 
New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters.
(3) 
On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.
(4) 
Electrical, heating, ventilation, plumbing and air-conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding.
[Added 11-16-1987 by Ord. No. 87-20]
D. 
Subdivision proposals.
(1) 
All subdivision proposals shall be consistent with the need to minimize flood damage.
(2) 
All subdivision proposals shall have public utilities and facilities, such as sewer, gas, electrical and water systems, located and constructed to minimize flood damage.
(3) 
All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.
(4) 
Base flood elevation shall be provided for subdivision and other proposed development which contain at least 50 lots or five acres, whichever is less.
(5) 
For all new construction and substantial improvements, fully enclosed areas below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by a registered professional engineer or architect or must meet or exceed the following minimum criteria:
[Added 11-16-1987 by Ord. No. 87-20]
(a) 
A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.
(b) 
The bottom of all openings shall be no higher than one foot above grade.
(c) 
Openings may be equipped with screens, louvers or other coverings or devices, provided that they permit the automatic entry and exit of floodwaters.

§ 196-18 Specific standards.

In all areas of special flood hazard where base flood elevation data have been provided as set forth in § 196-7, Basis for establishing areas of special flood hazard, or in § 196-13B, Use of other base flood data, the following standards are required:
A. 
Residential construction. New construction and substantial improvement of any residential structure shall have the lowest floor, including basement, elevated one foot above base flood elevation.
B. 
Nonresidential construction. New construction and substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest floor, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, shall:
(1) 
Be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water;
(2) 
Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
(3) 
Be certified by a registered professional engineer or architect that the design and methods of construction are in accordance with accepted standards of practice for meeting the applicable provisions of this subsection. Such certification shall be provided to the official as set forth in § 196-13C(2).
[Amended 11-16-1987 by Ord. No. 87-20]
C. 
Manufactured homes.
[Amended 11-16-1987 by Ord. No. 87-20]
(1) 
Manufactured homes shall be anchored in accordance with § 196-17A(2).
(2) 
All manufactured homes to be placed or substantially improved within an area of special flood hazard shall be elevated on a permanent foundation such that the top of the lowest floor is at or above the base flood elevation.

§ 196-19 Floodways.

Located within areas of special flood hazard established in § 196-7 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles and erosion potential, the following provisions apply:
A. 
Prohibition of encroachments, including fill, new construction, substantial improvements and other development, unless a technical evaluation demonstrates that encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
B. 
If Subsection A is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of §§ 196-17, 196-18 and 196-19.
C. 
Prohibition of the placement of any manufactured homes, except in an existing manufactured home park or existing mobile home subdivision.
D. 
In all areas of special flood hazard in which base flood elevation data has been provided and no floodway has been designated, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase the water surface elevation of the base flood more than 0.2 foot at any point.

§ 196-20 Amendments.

The Borough Council reserves the right to amend, change, modify or repeal any regulations, limitations and restrictions of this chapter. No such amendment, change, modification or repeal shall be adopted until after a public hearing is held thereon by the Borough Council at which parties in interest and citizens shall have an opportunity to be heard.

§ 196-21 Additional remedies.

In case any building or structure is erected, constructed, altered, repaired, converted or maintained or any building or structure is used in violation of this chapter or any regulations made pursuant thereto, the proper Borough authorities, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.