[1972 Code § 118-1]
This chapter shall be known as the "Watchung Borough Stormwater,
Steep Slope and Erosion Control Ordinance."
[1972 Code § 118-2]
The purpose of this chapter is to control soil erosion, sediment
damages and related environmental damages, to insure the orderly growth
and development, the conservation, protection and proper use of land,
particularly, but without limitation, to protect against and regulate
the peculiar hazards such as siltation, flooding, soil slippage, surface
water run-off, pollution of potable water supplies from non-point
sources, and destruction of unique and dominant views, and for adequate
provision for circulation, utilities and services.
[1972 Code § 118-3]
a.
For the purpose of this chapter, certain rules of word usage apply
to the text as follows:
1.
Words used in the present tense include the future tense, and the
singular includes the plural, unless the context clearly indicates
the contrary.
2.
The term "shall" is always mandatory and not discretionary; the word
"may" is permissive.
3.
The words or terms not interpreted or defined by this section shall
be used with meanings of common or standards utilization.
b.
APPLICANT
CRITICAL AREA
DESIGN STORM
DETENTION FACILITY
DIVERSION
EROSION
EXCAVATION or CUT
FARM CONSERVATION PLAN
GRASSED WATERWAY
IMPERVIOUS
LAND
LAND DISTURBANCE
MULCHING
PERMIT
SEDIMENT
SEDIMENT BASIN
SITE
SOIL
SOIL CONSERVATION DISTRICT
STATE SOIL CONSERVATION COMMITTEE
STEEP SLOPE
STORMWATER
STORMWATER AND EROSION CONTROL PLAN
STRIPPING
SUBSURFACE DETENTION-RECHARGE FACILITIES
SURFACE DETENTION
WATERCOURSE
The following definitions shall apply in the interpretation and enforcement
of this chapter, unless otherwise specifically stated:
Shall mean a person, partnership, corporation or public agency
requesting permission to engage in land disturbance activity.
Shall mean land areas, including but not limited to a sediment-producing,
highly erodible or severely eroded area, including, but not limited
to wetlands, as determined under D.E.P. standards, and steep slopes
as hereinafter defined.
Shall mean the amount and rate of precipitation used in calculations
for designing stormwater detention facilities.
Shall mean a structure providing for temporary ponding, storage
and controlled release of stormwater.
Shall mean a water channel with or without a supporting ridge
on the lower side constructed across or at the bottom of a slope.
Shall mean detachment and movement of soil or rock fragments
by water, wind, ice and gravity.
Shall mean any act by which soil or rock is cut into, dug,
quarried, uncovered, removed, displaced or relocated.
Shall mean a plan which provides for the use of land, within
its capabilities and treatment, within practical limits, according
to chosen use to prevent further deterioration of soil and water resources.
Shall mean a natural or constructed waterway, usually broad
and shallow, covered with erosion-resistant grasses, used to conduct
surface water from a field, diversion or other site feature.
As applied to all surfaces, shall mean that portion of the
premises covered by buildings, principal and accessory and improvements,
such as driveways, parking lots, pools, tennis courts, patios, porches,
decks and walkways. All surfaced parking areas and driveways; all
required parking areas which are permitted to remain unsurfaced and
all gravel driveways and gravel parking lots shall be included within
the definition of impervious for purposes of the within section.
Shall mean any ground, soil or earth, including marshes,
swamps, drainageways and areas not permanently covered by water, within
the Borough.
Shall mean any activity involving clearing, grading, transporting
or filling and any other activity which causes land to be exposed
to the danger of erosion.
Shall mean the application of plant residue or other suitable
materials to the land surface to conserve moisture, hold soil in place
and aid in establishing plant cover.
Shall mean a certificate issued to perform work under this
chapter.
Shall mean solid material, both mineral and organic, that
is in suspension, is being transported or has been moved from its
site of origin by air, water or gravity as a product of erosion.
Shall mean a barrier or dam built at suitable locations to
retain rock, sand, gravel, silt or other material.
Shall mean any plot, parcel or parcels of land.
Shall mean all unconsolidated mineral and organic material
of any origin.
Shall mean a governmental subdivision of this State, which encompasses this borough, organized in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
Shall mean an agency of the state established in accordance with the provisions of Chapter 24 of Title 4 of the New Jersey Revised Statutes.
Shall mean any slope exceeding 10% as measured between two
foot contour lines.
Shall mean surface runoff water resulting from precipitation.
The total amount and rate of stormwater generation is dependent on
land surface and climatic conditions.
Shall mean a plan which fully indicates necessary land treatment
measures, including a schedule of the timing for their installation,
which will effectively control soil erosion and stormwater runoff.
Shall mean any activity which significantly disturbs vegetated
or otherwise stabilized soil surface, including clearing and grubbing
operations.
Shall mean structures installed below the soil surface providing
temporary storage and controlled release of stormwater, including
structures such as dry wells and leaching beds.
Shall mean the storage and controlled release of stormwater
above ground through such means as detention basins, diversions, grassed
waterways, parking lot and rooftop storage facilities or other suitable
structures.
Shall mean any natural or artificial watercourse, stream,
river, creek, ditch, channel, canal, conduit, culvert, drain, waterway,
gully, ravine or wash in which water flows in a definite direction
or course, either continuously or intermittently, and which has a
definite channel, bed and banks, and shall include any area adjacent
thereto subject to inundation by reason of overflow or floodwater.
[1972 Code § 118-4]
a.
No land area shall be disturbed by any person, partnership, corporation or other public agency within this borough unless the applicant has submitted to the Borough Engineer through the Construction Official a plan to provide for soil erosion, steep slope and stormwater control for such land area in accordance with the standards for stormwater, steep slope and erosion control under subsection 23A-4.2b and the Standards for Soil Erosion and Sediment Control adopted by the New Jersey State Conservation Committee and administered by the Somerset Union Soil Conversion District and such plan has been approved and a valid land disturbance permit has been issued by the Building Inspector, except as exempted by subsection 23A-6.1.
b.
A soil erosion, steep slope and stormwater control plan and a topographical survey map shall be required concurrent with final site plan approval (not minor site plan) and preliminary and/or final subdivision approval before the Planning Board as required by Section 28-805 and where applicable, in any application before the Board of Adjustment under Chapter 28 of Borough Ordinances.
[1972 Code § 118-5]
a.
The applicant must submit a separate soil erosion and stormwater
control plan for each noncontiguous site. The applicant may consult
with the Somerset-Union Soil Conservation District in the selection
of appropriate control measures and the development of the plan. Such
plan shall contain:
1.
The location and description of existing natural and man-made features
on and surrounding the site, including general topography and soil
characteristics and a copy of the soil conservation district soil
survey (where available).
2.
The location and description of proposed changes to the site.
3.
Detailed plans for all soil erosion and stormwater control structures.
4.
Design calculations for soil erosion and stormwater control structures.
5.
Detailed notes and procedures for implementing nonstructural soil
erosion and stormwater control measures, including soil fertilization
and conditioning, mulching, seeding and planting.
6.
A schedule of the sequence of construction operations as related
to the control of soil erosion and stormwater runoff.
7.
The proposed or anticipated final grading plan, showing the location
and grades of all proposed buildings, roads, parking lots, drainageways
and stormwater control structures. Such plan shall indicate all areas
to remain in a natural or undisturbed state.
8.
The topographical survey map required by subsection 23A-3.2a1 shall show the existing contours at two foot intervals; and all elevations shall be based on National Geodetic Vertical Datum Elevations unless a waiver is granted by the Borough Engineer. This topographical map shall be certified by a New Jersey licensed land surveyor.
9.
A separate slope area map with areas clearly identified showing the
existing slopes as measured between the two foot contour lines for
the following categories:
Category 4: Slopes greater than 30%.
Category 3: Slopes greater than 20% to less than or equal to
30%.
Category 2: Slopes greater than 10% to less than or equal to
20%.
Category 1: Slopes zero to less than or equal to 10%.
10.
Calculations in square footage and acres, of amount of area in the
various slope categories set forth hereinabove certified by a licensed
engineer or surveyor.
11.
Calculations of lot coverage restrictions required by Borough Code
and certified by a licensed engineer or surveyor.
12.
Plot and grading plan showing the proposed grading of the site.
13.
Where development is proposed on slopes greater than 10%, additional
exhibits may be required upon the advice of the Environmental Commission
and in accordance with the site plan and subdivision ordinances of
the Borough.
14.
Type and location of construction activity, including the amount
of site grading, measured in disturbed area (square footage and acreage)
and volume (cubic yards) of cut and/or fill.
16.
The extent of impervious surface to be constructed measured in square
footage and acreage.
17.
Location of construction access roads or driveways.
18.
Architectural plans as may be required by the Building Inspector.
19.
Structural design of retaining walls greater than four feet high,
including stability analysis.
20.
A New Jersey Department of Environmental Protection LOI (Letter of
Interpretation) relative to freshwater wetlands.
b.
All proposed revisions of date required shall be submitted for approval.
[1972 Code § 118-6]
a.
Soil erosion, steep slope and stormwater control plans shall be reviewed
by the Borough Engineer. Approval of said soil erosion, steep slope
and stormwater control plans shall be required in all cases by the
Planning Board and/or the Board of Adjustment, where applicable, as
part of any application for development in connection with final site
plan approval and/or preliminary or final subdivision approval. Said
approval shall be based upon the conformance of the plan with standards
for stormwater control and steep slope control contained herein and
the Standards for Soil Erosion and Sediment Control adopted by the
New Jersey State Soil Conservation Committee.
b.
Then Borough Engineer and/or the Planning Board may seek the assistance
of the Somerset-Union Soil Conservation District and the review of
such plans and may deem as approved those plans which have been reviewed
and determined adequate by said district.
c.
The erosion and stormwater control plan shall be filed as a part of the application required by Section 28-805 for site plan approval and subdivision approval. Said plans shall be reviewed by the Planning Board with the advice and assistance of the Municipal Engineer. The Board's consideration of applications may be guided by but not limited to the following factors:
1.
The suitability of the applicant's proposed surface water management
measures, devices and planning techniques whether involving on-tract
or off-tract measures or some combination thereof, in respect to the
total surface water runoff, velocities and rates of discharge which
the applicant's proposed construction or land disturbance may
generate.
2.
Existing topograph, present vegetation and hydrologic soil factors.
3.
Groundwater recharge and discharge areas, wet soils, and seasonal
high groundwater table, alluvial, poorly drained and somewhat poorly
drained soils.
4.
The design storm.
5.
Natural drainage flow and pattern throughout the subwatershed(s)
affected by the plan.
6.
Land uses in both the immediate vicinity and surrounding drainage
region.
7.
Any other applicable or relevant environmental and resource protection
ordinances, statutes and regulations.
8.
Any other factors relevant to the coordinated, adjusted and harmonious
development of the site, vicinity, township and region.
If, after considering the above factors and after consultation
with the Municipal Engineer, the Board determines that the proposed
construction will generate no surface water runoff that will not be
managed in accordance with standards of this chapter or will be detrimental
to the public health, safety and general welfare in light of the paramount
interest in the prevention of conditions which may result in surface
water runoff damage, the Board shall approve the plan and incorporate
conditions in respect to said plan as a condition of site plan or
subdivision plan approval.
The Board, in approving said stormwater management plan may
impose lawful conditions or requirements designated or specified on
or in connection therewith. These conditions and requirements shall
be provided and maintained as a condition to the establishment, maintenance
and continuance of any use or occupancy of any structure or land or
occupancy of any structure or land.
Minor amendments to a surface water management plan may be approved
by the Municipal Engineer, who shall notify the Board of the nature
and reason for the change.
d.
1.
Limit
of Construction. Critical impact areas and other areas to be left
undisturbed shall be physically marked with survey stakes or protected
with a temporary snow fence prior to any land disturbance.
2.
Timing. The Planning Board shall require the construction and/or
installation of stormwater management improvements in accordance with
the schedule of sequence of installation as approved.
4.
Inspections.
(a)
The developer shall bear full and final responsibility for the
installation and construction of all required surface water runoff
control measures according to the provisions of his approved plan
and this chapter. The Municipal Engineer shall inspect the site during
its preparation and development.
(b)
During the 12 months subsequent to the date of completion, the
engineer periodically shall inspect the site to ascertain that the
provisions of the applicant's approved plan are complied with,
including the limit of construction for areas to be left undisturbed.
5.
Maintenance. At the time of approval of the plan, the responsibility
for continued maintenance of surface water runoff control structures
and measures shall be stipulated and properly recorded. Said recorded
documentation shall provide that it shall be the developer and/or
ultimate property owner's responsibility to maintain the contours,
outlets and other hydraulic characteristics of the water management
and control features of the property. The Borough shall retain the
right to enter, inspect and order repairs and improvements where necessary
to ensure that all control measures, as well as areas dedicated to
surface water retention or groundwater recharge, are adequately maintained
and preserved.
The Borough may charge the property owner and/or developer for
the costs of these services.
6.
Enforcement. If at any time the Municipal Engineer finds existing
conditions not as stated in the applicant's approved plan, the
Planning Board or its designated agent shall order cessation of all
work and seek to enjoin the violation or take such steps looking to
the enforcement of the plan as may be lawful.
7.
If such water management control structure is in the nature of a
detention facility, said detention facility must be specifically and
adequately described as part of an easement and restrictive provision
and a deed or declaration of encumbrance designed to be recorded and
made a part of the property on which said structure is located with
said restriction and/or easement to run with the land. Said facility
and easement providing access thereto from a public way shall be more
particularly shown and set forth on a final subdivision map if such
be the case, that is intended and required to be filed in the County
Clerk's office.
8.
The maximum impervious surface permitted on steep slopes on existing
and newly created lots shall be based on the percentage of slope as
follows:
|
Slopes Category
|
Maximum Impervious Surface
|
|---|---|
|
1
|
As permitted in the Zoning Article
|
|
2
|
83% of that permitted in zone
|
|
3
|
63% of that permitted in zone
|
|
4
|
50% of that permitted in the zone
|
|
The maximum impervious surface for a lot that may include more
than one category of steep slope shall be computed as follows:
|
|
That part of the lot area containing category 4 slope x 50% x (Maximum impervious permitted in the zone - See Chapter 28)
|
|
+ that part of the lot area containing category 3 slope x 63% x (Maximum impervious permitted in zone - See Chapter 28)
|
|
+ that part of the lot area containing category 2 slope x 83% x (Maximum impervious permitted in zone - See Chapter 28)
|
|
+ that part of the lot area containing category 1 slope x 100% x (Maximum impervious permitted in zone - See Chapter 28)
|
|
= Total impervious surface allowed on a lot.
|
[1972 Code § 118-7]
Control measures shall apply to all aspects of the proposed
land disturbance and shall be in operation during all stages of the
disturbance activity. The following principles shall apply to the
soil erosion and stormwater control plan:
a.
Stripping of vegetation, grading or other soil disturbance shall
be done in a manner which will minimize soil erosion and stormwater
runoff.
b.
Whenever feasible, natural vegetation shall be retained and protected.
c.
The extent of the disturbed area and the duration of its exposure
shall be kept within practical limits.
d.
Either temporary seeding, mulching or other suitable stabilization
measures shall be used to protect exposed critical areas during construction
or other land disturbance.
e.
Drainage provisions shall accommodate increased on-site runoff resulting
from modified soil and surface conditions both during and after site
development.
f.
Stormwater runoff leaving the site shall be minimized according to
the design standards and shall be retained on site wherever possible
to facilitate groundwater recharge.
g.
Sediment shall be retained on site.
h.
Diversions, sediment basins and similar required structures shall
be installed prior to any on-site grading or disturbance.
[1972 Code § 118-8]
All erosion and stormwater control facilities shall be designed
in conformance with the following:
a.
The Standards for Soil Erosion and Sediment Control in New Jersey,
adopted by the New Jersey State Soil Conservation Committee and administered
by the Somerset-Union Soil Conservation District, copies of which
shall be on file at the offices of the local soil conservation district
and the Borough Clerk.
b.
Standards for stormwater control facilities in the Borough of Watchung
as follows:
1.
Design of detention facility storage and controlled release rates
shall be based on a minimum of a two-year frequency storm or a minimum
of 3.3 inches of precipitation in 24 hours or 1.5 inches of precipitation
in one hour, whichever results in more stringent design requirements.
2.
Where site topography and soil conditions permit, detention-retention
facility design may be based on storms up to a 50-year return frequency
or a total of 6.5 inches of precipitation in 24 hours or three inches
of precipitation in one hour.
3.
Regardless of the types or extent of on-site stormwater control facilities
employed, the total combined two-year frequency discharges to off-site
drainage facilities shall not be greater than two-year frequency discharges
prior to development.
4.
All retention facilities shall be provided with emergency outlets
or otherwise designed to withstand the passage of a 100-year-frequency
storm without structural failure or significant danger to public safety.
5.
Rooftop storage of stormwater may be employed where feasible, provided
that consideration is given to the additional weight of water in the
structural design of such buildings.
6.
Storage of stormwater in parking lots may be employed, provided that
ponding depths do not exceed two inches for a five-year frequency
storm nor more than four inches for a storm of a 25-year frequency
or greater.
7.
Subsurface detention-recharge facilities may be employed where feasible,
provided that the quality of receiving water is such that groundwater
pollution hazards will not be substantially increased. Such systems
shall be provided with drainage outlets for flows in excess of design
storm. A percolation test and soil log report may be required by the
Borough Engineer prior to the installation of such systems.
c.
Density Computations.
1.
To meet the purposes, goals and standards set forth in this section,
the applicable provisions of the Zoning Article relating to minimum
lot sizes for newly created lots shall be increased and density of
development shall be decreased in areas of slopes greater than 10%,
except that no lot need be larger than five acres.
(a)
The modification shall be determined by multiplying the total
land area in various slope categories by the following factors:
|
Slopes (%)
|
Factor
|
|---|---|
|
Category 4
|
0
|
|
Category 3
|
0.5
|
|
Category 2
|
0.67
|
|
Category 1
|
1.0
|
(b)
The maximum number of dwelling units allowed on any tract shall
be computed as follows:
Land with category 4 slopes x 0
+ Land with category 3 slopes x 0.5
+ Land with category 2 slopes x .67
+ Land with category 1 slopes x 1.0
= Total Land Available for Development (TLD)
|
TLD
_______________________
Minimum Lot Area required/d.u.
|
= Total number of dwelling units on tract
|
(c)
Where an application is made for site plan or subdivision approval,
the Planning Board or Board of Adjustment, as the case may be, may
impose as a condition of approval, a deed restriction preventing further
subdivision of the property in accordance with the Municipal Land
Use Law.
2.
Development and improvements shall be discouraged on slopes of 30%
or higher unless the applicant can demonstrate that extraordinary
measures are proposed to be taken to minimize the impact on the environment.
3.
The Borough Engineer shall verify that all applications and requests
are in compliance with this section, and shall make the final determination
of the acceptability of any analysis submitted with respect to slope
computations, which computations must be performed by an applicant's
licensed engineer or surveyor.
4.
Only those applications where development plans and necessary improvements
accomplish the following shall be approved:
d.
Disturbance. On slopes exceeding 10%, precautions shall be taken
to prevent an increase in runoff from the slope area; specifically,
the following disturbances of the slope ground are not allowed without
prior approval of the Borough Engineer:
[1972 Code § 118-9]
a.
To the extent that off-site design improvements may be necessary
to accommodate increased runoff resulting from land surface modifications
during and after land development or disturbance, the applicant shall
be required to pay an equitable portion of the cost thereof. Such
payment, deposited in cash, shall be refunded to the applicant if
the Borough has not undertaken the construction of the drainage improvement
within eight years of the date of deposit of such funds. A rebate
of a portion of such funds shall be made to the applicant if it is
determined that such funds are in excess of an equitable share of
the actual cost of the installations.
b.
The following criteria, not intended to be exclusive, shall be used
in determining the applicant's share of the cost of such off-site
drainage improvements:
1.
The percentage relationship between the acreage of the application
and the acreage of the total drainage area above the location of the
off-site improvement.
2.
The amount of impervious surfaces to be installed on the application
site.
3.
The total cost of the off-site improvements.
4.
An estimate of the percentage relationship between the existing amount
of impervious surfaces and the maximum expected amount of impervious
surfaces under existing zoning regulations for the total drainage
area above the location of the off-site improvement.
c.
Drainage installations to which the off-site drainage improvement
provisions of this chapter shall apply include:
1.
Replacement or enlargement of bridges, culverts and headwalls.
2.
Installation or enlargement of drainage swales, ditches, diversions
and grassed waterways.
3.
Sediment and debris removal and other improvements to natural drainageways,
streams and rivers.
4.
Installation of sediment and stormwater retarding structures.
d.
It shall be the duty of the person, persons or legal entity, from
time to time, owning or controlling the land which has been disturbed
in accordance with an approved soil erosion and stormwater control
plan, to adequately maintain all of the measures, devices, structures
and plantings provided for in said plan to ensure their correct functioning.
[1972 Code § 118-10]
For any application for a land disturbance permit the appropriate
fee shall be paid to the Borough of Watchung at the time of submission
of the application:
a.
Improvements to a single lot on which a one- or two-family dwelling
exists: $20.
b.
All other permits: $10 per 10,000 square feet or $40 per acre of
land surface or part thereof on the total lot or lots involved.
d.
For any addition and/or disturbance up to and including 1,000 square
feet in total area, a nonrefundable engineering review and inspection
fee of $250.
[1972 Code § 118-11]
Any person, persons or legal entity who shall disturb any land
area other than in accordance with an approved soil erosion and stormwater
control plan; or, having commenced the disturbance of any land area
in accordance with such approved plan, shall fail to complete the
same; or, being the owner or in control of land which has been disturbed
in accordance with such approved plan, shall fail to maintain all
the measures, devices, structures and plantings provided for in said
plan in effective condition; or who shall cause, suffer or permit
to be done any of the foregoing shall be guilty of a violation of
this chapter and, upon conviction, shall be liable to a fine not exceeding
$500 or imprisonment for a term not exceeding 90 days or both. Each
and every day such violation continues shall be deemed a separate
and distinct violation.
[1972 Code § 118-12]
a.
In addition to any other remedies, the Borough may institute any
appropriate action in a court of competent jurisdiction to enjoin
or abate any violation of this chapter.
b.
Where land is disturbed in violation of this chapter and is part
of the land upon which a building or buildings are in the course of
construction or are about to be constructed or about to be occupied,
and if the safety, public health, convenience and general welfare
of the community would not be adequately protected if any such building
were permitted to be constructed, completed or occupied while such
violation continues, then, and in any such instance, the Construction
Official may, upon report of the Borough Engineer as to such violation,
refuse to issue a building permit for such buildings, stop the work
upon any such buildings for which a building permit has been issued
and refuse to issue a certificate of occupancy for any such buildings.
[1972 Code § 118-113]
The following activities are specifically exempt from this chapter,
except that application shall be made for a written waiver from the
Borough Engineer:
a.
1.
Land
disturbance on single lots with existing one- or two-family dwellings
when the proposed land disturbance or installation of any impervious
surface will not exceed 400 square feet. The exempt provisions hereunder
shall only apply to the first application for land disturbance for
any lot.
2.
Where an application for a building permit, site plan, subdivision
and/or variance(s) is made, and the survey of the premises shows that
the intended disturbance or installation will not exceed the maximum
slope restriction in the zone. The Borough Engineer may waive the
requirement of a new survey, provided that the applicant furnishes
an affidavit of no change with the current property survey.
3.
Notwithstanding the aforesaid, where the proposed installation is
for a nonpermanent shed, which is less than 200 square feet, all requirements
for a slope study are waived. The term "nonpermanent" shall mean:
without a slab, permanent foundation or permanent anchorage of any
kind.
4.
In addition to all of the above, the Engineer may grant a waiver
of exemption where the applicant is willing and able to exchange one
impervious surface for the proposed new one. That is, remove 200 square
feet of driveway in exchange for a 200 square foot deck.
5.
All lots in the Borough shall be administered under this chapter
according to their state and/or condition at the time of the adoption
of the "Watchung Borough Stormwater, Steep Slope and Erosion Control
Ordinance."[1]
[1]
Editor's Note: The "Watchung Borough Stormwater, Steep
Slope and Erosion Control Ordinance" was adopted April 24, 1974 as
Ordinance No. 11.
b.
Use of land for home gardening.
c.
Agricultural use of lands when operated in accordance with a farm
conservation plan approved by the local soil conservation district
or when it is determined by the local soil conservation district that
such use will not cause excessive erosion and sedimentation.
Note: Appeal provisions of this chapter are treated under subsection 23A-6.3.
[1972 Code § 118-14]
The requirements of this chapter shall be enforced by the Borough Engineer who shall also inspect or require adequate inspection of the work. If the Borough Engineer finds existing conditions not as stated in the applicant's erosion and stormwater control plan, he may refuse to approve further work and may require necessary soil erosion and stormwater control measures to be promptly installed and may seek other penalties as provided in subsections 23A-5.1 and 23A-5.2.
[1972 Code § 118-15]
Appeals from decisions under this chapter may be made to the
Borough Council, in writing, within 10 days from the date of such
decision. The appellant shall be entitled to a hearing before the
Borough Council within 30 days from the date of appeal.
[1972 Code § 118-16]
If any section, subsection, paragraph, sentence, clause, phrase
or word contained in this chapter shall be declared unconstitutional
or invalid for any reason whatsoever, such decision shall not affect
the remaining portions of the chapter, which shall remain in full
force and effect, and to this end, the provisions of this chapter
are hereby declared to be severable.
