[Ord. No. 261, 3/6/2023[1]]
This chapter by the Council of the Borough of Honey Brook, Chester County, Pennsylvania, repeals existing Chapter 23 of the Code of Ordinances entitled "Stormwater Management" and readopts Chapter 23 of the Code of Ordinances entitled "Stormwater Management" by enacting certain standards and regulations regarding stormwater management and erosion and sedimentation control within the Borough and that the following chapter be and is hereby incorporated into the Code of Ordinances of the Borough of Honey Brook as follows. This chapter may be referred to as the "Honey Brook Borough Stormwater Management Ordinance."
[1]
Editor's Note: This ordinance also repealed former Ch. 23, Stormwater Management, adopted by Ord. No. 221, 4/7/2014, as amended by Ord. No. 250-2019, 10/7/2019.
[Ord. No. 261, 3/6/2023]
The governing body of the municipality finds that:
1. 
Inadequate management of accelerated stormwater runoff resulting from land disturbance and development throughout a watershed increases flooding, flows and velocities, contributes to erosion and sedimentation, overtaxes the capacity of streams and storm sewers, greatly increases the cost of public facilities to convey and manage stormwater, undermines floodplain management and flood reduction efforts in upstream and downstream communities, reduces infiltration and groundwater recharge, increases nonpoint source pollution to waterways, and threatens public health and safety.
2. 
Inadequate planning and management of stormwater runoff resulting from land disturbance and development throughout a watershed can harm surface water resources by changing the natural hydrologic patterns, accelerating stream flows (which increase scour and erosion of stream beds and stream banks, thereby elevating sedimentation), destroying aquatic habitat, and elevating aquatic pollutant concentrations and loadings such as sediments, nutrients, heavy metals, and pathogens. Groundwater resources are also impacted through loss of recharge.
3. 
A comprehensive program of stormwater management, including minimization of impacts of new development, redevelopment, and other earth disturbance activities causing accelerated runoff and erosion and loss of natural infiltration, is fundamental to the public health, safety, and general welfare of the people of the municipality and all of the people of the commonwealth, their resources, and the environment.
4. 
Stormwater is an important water resource that provides infiltration and groundwater recharge for water supplies and baseflow of streams, which also protects and maintains surface water quality.
5. 
Impacts from stormwater runoff can be minimized by reducing the volume of stormwater generated and by using project designs that maintain the natural hydrologic regime and sustain high water quality, infiltration, stream baseflow, and aquatic ecosystems. Cost-effective and environmentally sensitive stormwater management can be achieved through the use of nonstructural site design techniques that minimize impervious surfaces, reduce disturbance of land and natural resources, avoid sensitive areas (i.e., riparian buffers, floodplains, steep slopes, wetlands, etc.), and consider topography and soils to maintain the natural hydrologic regime.
6. 
Public education on the control of pollution from stormwater is an essential component in successfully addressing stormwater.
7. 
Federal and state regulations require the municipality to implement a program of stormwater controls. The municipality is required to obtain a permit and comply with its provisions for stormwater discharges from its Separate Storm Sewer System under the National Pollutant Discharge Elimination System (NPDES).
8. 
Nonstormwater discharges to municipal or other storm sewer systems can contribute to pollution of the waters of the commonwealth.
9. 
The use of green infrastructure, low-impact development (LID), and conservation design (CD) are intended to address the root cause of water quality impairment by using systems and practices which use or mimic natural processes to: 1) infiltrate and recharge, 2) evapotranspire, and/or 3) harvest and use precipitation near where it falls to earth. Green infrastructure practices, LID, and CD contribute to the restoration or maintenance of pre-development hydrology.
[Ord. No. 261, 3/6/2023]
The purpose of this chapter is to protect public health, safety and general welfare, property and water quality as well as to protect, sustain, and enhance the surface water and groundwater resources of Honey Brook Borough, by implementing drainage and stormwater management practices, criteria, and provisions included herein for land development, construction and earth disturbance activities, to achieve the following throughout the municipality:
1. 
Reduce the frequency and magnitude of flooding and stormwater impacts affecting people, property, infrastructure, and public services.
2. 
Sustain or improve the natural hydrologic characteristics and water quality of groundwater and surface waters.
3. 
Protect natural resources, including riparian and aquatic living resources and habitats.
4. 
Maintain the natural hydrologic regime of land development sites and their receiving watersheds.
5. 
Minimize land disturbance and protect and incorporate natural hydrologic features, drainage patterns, infiltration, and flow conditions within land development site designs.
6. 
Reduce and minimize the volume of stormwater generated and manage and release stormwater as close to the source of runoff as possible.
7. 
Provide infiltration and maintain natural groundwater recharge to protect groundwater supplies and stream baseflows, prevent degradation of surface water and groundwater quality, and to otherwise protect water resources.
8. 
Reduce stormwater pollutant loads to protect and improve the chemical, physical, and biological quality of ground and surface waters.
9. 
Reduce scour, erosion, and sedimentation of stream channels.
10. 
Reduce flooding impacts and preserve and restore the natural flood-carrying capacity of streams and their floodplains.
11. 
Protect adjacent and downgradient lands from adverse impacts of direct stormwater discharges.
12. 
Minimize impervious surfaces and connected impervious surfaces to promote infiltration and reduce the volume and impacts of stormwater runoff.
13. 
Provide proper long-term operation and maintenance of all permanent stormwater management facilities, BMPs and conveyances that are implemented within the municipality.
14. 
Reduce the impacts of runoff from existing developed land undergoing redevelopment while encouraging new development and redevelopment in urban areas and areas designated for growth.
15. 
Implement an illicit discharge detection and elimination program that addresses nonstormwater discharges.
16. 
Provide stormwater management performance standards and design criteria based on watershed-based stormwater management planning.
17. 
Provide standards to meet certain NPDES stormwater permit requirements.
18. 
Meet legal water quality requirements under state law, including regulations at 25 Pa. Code Chapter 93, to protect, maintain, reclaim, and restore the existing and designated uses of the waters of the commonwealth.
19. 
Implement the requirements of total maximum daily load (TMDL) where applicable to waters within or impacted by the municipality.
20. 
Provide review procedures and performance standards for stormwater planning and management.
21. 
Fulfill the purpose and requirements of PA Act 167 (PA Act 167, Section 3):[1]
"(1)
Encourage planning and management of stormwater runoff in each watershed which is consistent with sound water and land use practices.
(2)
Authorize a comprehensive program of stormwater management designated to preserve and restore the flood-carrying capacity of commonwealth streams; to preserve to the maximum extent practicable natural stormwater runoff regimes and natural course, current and cross-section of water of the commonwealth; and to protect and conserve groundwaters and groundwater recharge areas.
(3)
Encourage local administration and management of stormwater consistent with the commonwealth's duty as trustee of natural resources and the people's constitutional right to the preservation of natural, economic, scenic, aesthetic, recreational and historic values of the environment."
[1]
Editor's Note: See 32 P.S. § 680.3.
[Ord. No. 261, 3/6/2023]
The municipality is empowered or required to regulate land use activities that affect runoff and surface water and groundwater quality and quantity by the authority of:
1. 
Act of October 4, 1978, P.L. 864 (Act 167), 32 P.S. § 680.1 et seq., as amended, the "Storm Water Management Act" (hereinafter referred to as "the Act");
2. 
Borough Code, 53 P.S. § 46201 et seq., as amended;[1] and
[1]
Editor's Note: See now 8 Pa.C.S.A. § 1201 et seq.
3. 
Act of July 31, 1968, P.L. 805, No. 247, 53 P.S. § 10101 et seq., as amended, the Pennsylvania Municipalities Planning Code, Act 247 (hereinafter referred to as the "MPC").
[Ord. No. 261, 3/6/2023]
1. 
The following activities are regulated by this chapter:
A. 
All regulated activities as defined in this chapter including, but not limited to, new development, redevelopment (when new additional impervious surface is created), and earth disturbance activities that are located within the municipality shall be subject to regulation by this chapter.
B. 
When a building and/or grading permit is required for any regulated activity on an existing parcel or approved lot created by a subdivision and/or improved as a land development project, issuance of the permit shall be conditioned upon adherence to the terms of this chapter.
C. 
This chapter contains the stormwater management performance standards and design criteria that are necessary from a watershed-based perspective. The municipality's stormwater management conveyance and system design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.) shall continue to be regulated by the applicable municipal ordinance(s) and applicable state regulations, or as included in §§ 23-310 and 23-311 of this chapter.
2. 
Duty of Persons Engaged in a Regulated Activity. Notwithstanding any provision(s) of this chapter, including exemptions, any landowner or any person engaged in a regulated activity, including but not limited to the alteration or development of land, which may affect stormwater runoff characteristics, shall implement such measures as are reasonably necessary to prevent injury to health, safety, or other property. Such measures also shall include actions as are required to manage the rate, volume, direction, and quality of resulting stormwater runoff in a manner which otherwise adequately protects health, property, and water quality of waters of the commonwealth.
3. 
Phased and Incremental Project Requirements.
A. 
Any regulated activity [including but not limited to new development, redevelopment (when new additional impervious surface is created), or earth disturbance] that is to take place incrementally or in phases, or occurs in sequential projects on the same parcel or property, shall be subject to regulation by this chapter if the regulated impervious surface or earth disturbance exceeds the corresponding threshold for exemption (as presented in Table 106.1 "Thresholds for Regulated Activities That Are Exempt From the Provisions of This Chapter as Listed Below").
B. 
The date of adoption of this chapter shall be the starting point from which to consider tracts as parent tracts relative to future subdivisions, and from which impervious surface and earth disturbance computations shall be cumulatively considered, unless such requirements have previously been adopted, then the earliest date of the applicable municipal ordinance adoption shall remain as the starting point. Since there was a previously adopted ordinance, the starting point of parent tracts is February 2, 2009.
C. 
For example: If, after adoption of this chapter, an applicant proposes construction of a 250-square-foot garage, that project would be exempt from the requirements of this chapter as noted in Table 106.1. If, at a later date, an applicant proposes to construct a 250-square-foot room addition on the same property, the applicant would then be required to implement the stormwater management and plan submission requirements of this chapter for the cumulative total of greater than or equal to 500 square feet of additional impervious surface added to the property since adoption of this chapter.
[Ord. No. 261, 3/6/2023]
The following activities may be exempted from formal on-site stormwater runoff design control. An exemption shall apply only to the requirement for on-site stormwater runoff control facilities and the preparation of an engineered formal stormwater runoff control management plan. All other stormwater management design elements, such as a storm sewer system, road culverts, erosion and sedimentation control, and stormwater runoff quality, shall be required. All exemption requests must be filed with the Honey Brook Borough administration office and reviewed and approved by the Borough Engineer and/or Borough Council.
1. 
Requirements for Exempt Activities.
A. 
An exemption from any requirement of this chapter shall not relieve the applicant from implementing all other applicable requirements of this chapter or from implementing such measures as are necessary to protect public health, safety, and welfare, property, and stormwater quality. Typical water quality measures can be found in Appendix E.[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
B. 
An exemption shall not relieve the applicant from complying with the requirements for state-designated special protection waters designated by PADEP as high quality (HQ) or exceptional value (EV) waters, or any other current or future state or municipal water quality protection requirements.
C. 
An exemption under this chapter shall not relieve the applicant from complying with all other applicable municipal ordinances or regulations or other applicable sections of this chapter. Operations and maintenance agreement per Part 7 may not be exempt and must be fully complied.
2. 
General Exemptions. Regulated activities that 1) involve less than 250 square feet of regulated impervious surfaces and less than 500 square feet of earth disturbance, or 2) are listed in § 23-106, Subsection 3, are exempt from those (and only those) requirements of this chapter that are included in the sections and Parts listed in Table 106.1. Exemptions are for the items noted in Table 106.1 only and shall not relieve the landowner from other applicable requirements of this chapter. Exemption shall not relieve the applicant from implementing such measures as are necessary to protect health, safety, and welfare, property, and stormwater quality. Typical water quality treatment measures can be found in Appendix E. Municipal application and exemption worksheets can be found in Appendix F.[2]
Table 106.1
Thresholds for Regulated Activities That Are Exempt From the Provisions of This Chapter as Listed Below
(see notes below)
Chapter Part/Section
Activities Listed in § 23-106, Subsection 3
Less Than 500 Square Feet of Regulated Impervious Surfaces and Less Than 1,000 Square Feet of Earth Disturbance
Equal to or Greater Than 500 Square Feet of Regulated Impervious Surface or Equal to or Greater Than 1,000 Square Feet of Earth Disturbance
Part 1
Not exempt
Not exempt
Not exempt
Part 2
Not exempt
Not exempt
Not exempt
§§ 23-302, 23-303, and 23-311
Not exempt
Not exempt
Not exempt
§ 23-301
Exempt
Not exempt*
Not exempt
Exempt
Exempt if § 23-106, Subsection 4, is applied
Not exempt
Part 4
Exempt
Not exempt**
Not exempt
Part 5
Exempt
Not exempt**
Not exempt**
Part 6
Exempt
Not exempt**
Not exempt
Part 7
Exempt
Not exempt**
Not exempt
Part 8
Not exempt
Not exempt
Not exempt
Part 9
Not exempt
Not exempt
Not exempt
Other erosion, sediment and pollution control requirements
Must comply with 25 Pa. Code Chapter 102 and other applicable state and municipal codes, including the Clean Streams Law[3]
NOTES:
Specific activities listed in § 23-106, Subsection 3, are exempt from the indicated requirements.
A proposed regulated activity must be less than both the regulated impervious surfaces and earth disturbance thresholds to be eligible for exemption from the requirements listed in this table and eligible per § 23-106, Subsection 4.
"Regulated impervious surface": as defined in this chapter.
"Exempt": Regulated activities are exempt from the requirements of listed section(s) only; all other provisions of this chapter apply. These exemptions have no bearing on other municipal regulations or ordinances.
"Not Exempt*": Regulated activities may be exempt from applicable requirements of this section.
"Not Exempt**": Regulated activities may be exempt from the requirements of listed section(s) if the:
- Activity does not involve §§ 23-310 and/or 23-311 of this chapter.
- Typical water quality treatment measures found in Appendix E are utilized.
- Municipal application and exemption worksheet found in Appendix F is utilized.
[2]
Editor's Note: Appendixes E and F are included as attachments to this chapter.
[3]
Editor's Note: See 35 P.S. § 691.1 et seq.
3. 
Exemptions for Specific Activities. The following specific regulated activities are totally exempt from the requirements of §§ 23-301, 23-304, 23-305, 23-306, 23-307, 23-308, and 23-309, and Part 4, Part 5, Part 6, and Part 7 of this chapter (as shown in Table 106.1), unless otherwise noted below. All other conveyance and system design standards established by the municipality in other codes or ordinances shall be required, and all other provisions of this chapter shall apply (i.e., §§ 23-310 and 23-311).
A. 
Emergency Exemption. Emergency maintenance work performed for the protection of public health, safety, and welfare. This exemption is limited to repair of the existing stormwater management facility; upgrades, additions or other improvements are not exempt. A written description of the scope and extent of any emergency work performed shall be submitted to the municipality within two calendar days of the commencement of the activity. A detailed plan shall be submitted no later than 30 days following commencement of the activity. If the municipality finds that the work is not an emergency, then the work shall cease immediately, and the requirements of this chapter shall be addressed as applicable.
B. 
Maintenance. Any maintenance to an existing stormwater management facility, BMP or conveyance made in accordance with plans and specifications approved by the Municipal Engineer or municipality.
C. 
Existing Landscaping. Use of land for maintenance, replacement, or enhancement of existing landscaping.
D. 
Gardening. Use of land for gardening for home consumption.
E. 
Agricultural Related Activities.
(1) 
Agricultural activities (as defined in Part 2), when performed in accordance with the requirements of 25 Pa. Code Chapter 102.
(2) 
Conservation practices (as defined in Part 2) that do not involve construction of any new or expanded impervious surfaces.
(3) 
High tunnel if:
(a) 
The high tunnel or its flooring does not result in an impervious surface exceeding 25% of all structures located on the landowner's total contiguous land area; and
(b) 
The high tunnel meets one of the following:
1) 
The high tunnel is located at least 100 feet from any perennial stream or watercourse, public road, or neighboring property line.
2) 
The high tunnel is located at least 35 feet from any perennial stream or watercourse, public road or neighboring property line and located on land with a slope not greater than 7%.
3) 
The high tunnel is supported with a buffer or diversion system that does not directly drain into a stream or other watercourse by managing stormwater runoff in a manner consistent with the requirements of Pennsylvania Act 167.[4]
[4]
Editor's Note: See 32 P.S. § 680.1 et seq.
F. 
Forest Management. Forest management operations, which are consistent with a sound forest management plan as filed with the municipality and which comply with the Pennsylvania Department of Environmental Protection's management practices contained in its publication "Soil Erosion and Sedimentation Control Guidelines for Forestry" (as amended or replaced by subsequent guidance). Such operations are required to have an erosion and sedimentation control plan, which meets the requirements of 25 Pa. Code Chapter 102 and meets the erosion and sediment control standards of § 23-303 of this chapter.
G. 
Maintenance of Existing Gravel and Paved Surfaces. Replacement of existing gravel and paved surfaces shall meet the erosion and sediment control requirements of 25 Pa. Code Chapter 102 and § 23-303 of this chapter and is exempt from all other requirements of this chapter listed in § 23-106, Subsection 3, above. Resurfacing of existing gravel and paved surfaces is exempt from the requirements of this chapter listed above. Paving of existing gravel surfaces is exempt from the requirements of this chapter listed above. Construction/addition of new or additional gravel or impervious surfaces shall comply with all requirements of this chapter as indicated in Table 106.1 or Subsection 3K below.
H. 
Municipal Roadway Shoulder Improvements. Shoulder improvements conducted within the existing roadway cross-section of municipal owned roadways, unless an NPDES permit is required, in which case the proposed work must comply with all requirements of this chapter.
I. 
In-Place Replacement of Residential Dwelling Unit. The replacement in the exact footprint of an existing one- or two-family dwelling unit.
J. 
In-Place Replacement, Repair, or Maintenance of Residential Impervious Surfaces. The replacement of existing residential patios, decks, driveways, pools, garages, and/or sidewalks that are accessory to an existing one- or two-family dwelling unit in the exact footprint of the existing impervious surface.
K. 
Increase in 250 square feet or less of impervious surfaces.
4. 
Modified Requirements for Small Projects. Regulated activities that involve less than 500 square feet of regulated impervious surfaces and less than 1,000 square feet of proposed earth disturbance may apply the modified requirements presented in the "Simplified Approach to Stormwater Management for Small Projects" (Simplified Approach) to comply with the requirements of §§ 23-301, 23-304, 23-305, 23-306, 23-307, 23-308, 23-309, and 23-310 of this chapter (as shown in Table 106.1). The applicant shall first contact the Municipal Engineer to confirm that the proposed project is eligible for use of the Simplified Approach and is not otherwise exempt from these chapter provisions; to determine what components of the proposed project are to be considered as impervious surfaces; and to determine if other known site or local conditions exist that may preclude the use of any techniques included in the Simplified Approach. Appendix G[5] includes instructions and procedures for preparation, submittal, review, and approval of documents required when using the Simplified Approach and shall be adhered to by the applicant. Infiltration testing for projects using the Simplified Approach is recommended but is not required by this chapter. All other provisions of this chapter including Part 7 shall apply.
[5]
Editor's Note: Appendix G is included as an attachment to this chapter.
[Ord. No. 261, 3/6/2023]
Any ordinance or ordinance provision of Honey Brook Borough inconsistent with any of the provisions of this chapter are hereby repealed to the extent of the inconsistency only; provided, however, that this repeal shall in no manner be construed as a waiver, release or relinquishment of the right to initiate, pursue or prosecute, as the case may be, any proceeding at law or in equity pertaining to any act done which would have constituted a violation of such prior ordinance or ordinance provision. All of said ordinance or ordinance provisions shall remain in full force and effect and are not repealed hereby as they pertain to such acts and to the processing of such plans filed prior to the effective date of this chapter which are protected from the effect of intervening ordinances by § 508(4) of the Pennsylvania Municipalities Planning Code.[1]
[1]
Editor's Note: See 53 P.S. § 10508(4).
[Ord. No. 261, 3/6/2023]
Should any sentence, clause, section, or part of this chapter be declared invalid, or is for any reason found to be unconstitutional, illegal, or invalid by a court of competent jurisdiction, such determination of unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections, or parts of this chapter. It is hereby declared the intent of the governing body of Honey Brook Borough that this chapter would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause, section, or part thereof not been included herein.
[Ord. No. 261, 3/6/2023]
1. 
Permits and approvals issued and actions taken pursuant to this chapter do not relieve the applicant of the responsibility to comply with or to secure other required permits or approvals for activities regulated by any other applicable code, rule, act, law, regulation, or ordinance. This chapter shall not preclude the inclusion in such other permit of more stringent requirements concerning regulation of stormwater and erosion. Where a conflict exists between a provision within this chapter and that of the PADEP Phase II NPDES regulations, as amended, the PADEP requirements shall govern.
2. 
To the extent that this chapter imposes more rigorous or stringent requirements for stormwater management than any other code, rule, act, law, regulation or ordinance, the specific requirements contained in this chapter shall take precedence.
3. 
Nothing in this chapter shall be construed to affect any of the municipality's requirements regarding stormwater matters that do not conflict with the provisions of this chapter, such as local stormwater management design criteria (e.g., inlet spacing, inlet type, collection system design and details, outlet structure design, etc.). The requirements of this chapter shall supersede any conflicting requirements in other municipal ordinances or regulations.
[Ord. No. 261, 3/6/2023]
For all activities requiring submittal of a stormwater management (SWM) site plan that involves subdivision or land development, the applicant shall post financial security to the municipality for the timely installation and proper construction of all stormwater management facilities as required by the approved SWM site plan and this chapter, and such financial security shall:
1. 
Be equal to or greater than the full construction cost of the required facilities except to the extent that financial security for the cost of any of such improvements is required to be and is posted with the Pennsylvania Department of Transportation in connection with a highway occupancy permit application; and
2. 
Be determined, collected, applied, and enforced in accordance with §§ 509 to 511 of the MPC[1] and the provisions of the municipality's subdivision and land development ordinance (SALDO).[2]
[1]
Editor's Note: See 53 P.S. §§ 10509 to 10511.
[2]
Editor's Note: See Ch. 22, Subdivision and Land Development.
[Ord. No. 261, 3/6/2023]
1. 
General. The requirements of this chapter are essential and shall be strictly adhered to. For any regulated activity where, after a close evaluation of alternative site designs, it proves to be impracticable to meet any one or more of the mandatory minimum standards of this chapter on the site, the municipality may approve measures other than those in this chapter, subject to § 23-111, Subsections 2 and 3.
2. 
The governing body shall have the authority to waive or modify the requirements of one or more provisions of this chapter if the literal enforcement will exact undue hardship or alternate materials are available because of peculiar conditions pertaining to the land in question, provided that such modification will not be contrary to the public interest and that the purpose and intent of the chapter is observed.
A. 
Cost or financial burden shall not be considered a hardship.
B. 
Modification may also be considered if an alternative standard or approach can be demonstrated to provide equal or better achievement of the results intended by the chapter.
C. 
A request for modification shall be in writing and accompany the SWM site plan submission.
D. 
The request shall state in full the grounds and facts on which the request is based, the provision or provisions of the chapter involved and the minimum modification necessary.
E. 
Additional Requirements:
(1) 
That existing off-site stormwater problems will not be exacerbated.
(2) 
That increased flooding or ponding on off-site properties or roadways will not occur.
(3) 
That potential icing conditions will not occur.
(4) 
That increase of peak flow or volume from the site will not occur.
(5) 
That erosive conditions due to increased peak flows or volume will not occur.
(6) 
That adverse impact to water quality will not result.
(7) 
That increased 100-year floodplain levels will not result.
(8) 
That increased or unusual municipal maintenance expenses will not result from the waiver.
(9) 
That the amount of stormwater generated has been minimized to the greatest extent allowed.
(10) 
That infiltration of runoff throughout the proposed site has been provided where practicable and predevelopment groundwater recharge protected at a minimum.
(11) 
That peak flow attenuation of runoff has been provided.
(12) 
That long-term operation and maintenance activities are established.
(13) 
That the receiving streams and/or water bodies will not be adversely impacted in flood-carrying capacity, aquatic habitat, channel stability and erosion and sedimentation.
F. 
The governing body shall keep a written record of all actions on waiver requests.
G. 
The governing body may charge a fee for each waiver request, which shall be used to offset the administrative costs of reviewing the waiver request. The applicant shall also agree to reimburse the Borough for reasonable and necessary fees that may be incurred by the Borough Engineer in any review of a waiver request.
H. 
The governing body, upon obtaining the comments and recommendations of the Borough Engineer and/or Chester County Conservation District, may grant a waiver or relief so that substantial justice may be done and the public interest is secured, provided that such waiver will not have the effect of nullifying the intent and purpose of this chapter.
I. 
In granting waivers, the governing body may impose reasonable conditions as will, in its judgment, secure substantially the objectives of the standards or requirements that are to be modified.
3. 
PADEP Approval Required. No waiver or modification of any regulated stormwater activity involving earth disturbance greater than or equal to one acre may be granted by the municipality unless that action is approved in advance by PADEP or the Chester County Conservation District.
[Ord. No. 261, 3/6/2023]
Any permit or authorization issued or approved based on false, misleading, or erroneous information provided by an applicant is void without the necessity of any proceedings for revocation. Any work undertaken or use established pursuant to such permit or other authorization is unlawful. No action may be taken by a board, agency, or employee of the municipality purporting to validate such a violation.
[Ord. No. 261, 3/6/2023]
The standards contained herein shall be administered, enforced and penalties ascribed pursuant to the Honey Brook Borough Zoning Ordinance or Subdivision and Land Development Ordinance.[1]
[1]
Editor's Note: See Ch. 27, Zoning, and Ch. 22, Subdivision and Land Development, respectively.