[HISTORY: Adopted by the Borough Council of the Borough of Economy 5-8-2018 by Ord. No. 467. Amendments noted where applicable.]
This chapter shall be known and may be cited as the "Grading Ordinance."
As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any person or entity who applies for or to whom a permit is issued pursuant to this chapter and/or who is subject to inspection under this chapter.
BEDROCK
Natural rock layer, hard or soft, in place at ground surface or beneath unconsolidated surficial deposits.
BUILDING
Any structure having a roof supported by columns or walls for the housing or enclosure of persons or animals. When any portion thereof is completely separated from every other portion thereof by a division wall without openings, then each such portion shall be deemed to be a separate "building."
BUILDING PERMIT
A valid permit issued by the Borough pursuant to the Construction Code for the construction, erection or alteration of a structure or building.
CLEARING
The clearing, grubbing, scalping, removal of trees or stumps and removing and disposing of all vegetation and debris within the site, including the conditions resulting therefrom.
COMMERCIAL PROJECT
Any work in any zone district that is being constructed to produce income for the owner.
CONSTRUCTION
The erection, alteration, repair, renovation, demolition or removal of any building or structure, and the clearing, stripping, excavating, filling, grading and regulation of sites in connection therewith.
DEBRIS
Loose refuse, rock, mud or earth material not suitable for use as presently situated or constituted, as determined by the Borough Engineer. See also "waste."
DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
The Department of Environmental Protection of the Commonwealth of Pennsylvania or any agency successor thereto.
DEPARTMENT OF TRANSPORTATION (PennDOT)
The Department of Transportation of the Commonwealth of Pennsylvania or any agency successor thereto.
DEVELOPER
Any person commencing proceedings under this chapter to effect the development of land for himself or for another.
EROSION
The detachment and movement of soil or rock fragments or the wearing away of the surface by water, wind, ice or gravity, including such processes as gravitational creep.
EXCAVATION
Any act by which earth, sand, gravel, rock, coal or any other similar material is cut into, dug, quarried, uncovered, removed, displaced or relocated, including the conditions resulting therefrom.
EXISTING OR NATURAL GRADE
The elevation of the existing ground surface above sea level prior to any excavating or filling.
FILL
Any act by which earth, sand, gravel, rock or any other material is deposited, placed, pushed, dumped, pulled, transported or moved to a new location, including the conditions resulting therefrom, or the material used in such activity.
FINISHED GRADE
The elevation of the ground surface above sea level after grading has been completed and the elevation coincides with the elevation called for in a grading plan.
FLOODPLAIN
A flat or low land area subject to inundation from a stream, river or watercourse and/or any area subject to the rapid accumulation of surface waters from any source.
GRADING
An excavation or fill or any combination thereof (either initially or repeatedly), including the conditions resulting from any excavation or fill.
GRADING PERMIT
A permit issued by the Borough to authorize work to be performed in compliance with, and as required by, this chapter.
GRADING PLAN
The plan of proposed grading which contains all of the information required by this chapter for approval of a grading permit.
HAZARD
A danger or potential danger to life, limb or health or an adverse effect or potential adverse effect to the safety, use or stability of property, waterways, public ways, structures, utilities and storm sewers, including stream pollution.
PROFESSIONAL ENGINEER
A person licensed or otherwise authorized by the Commonwealth of Pennsylvania to practice engineering, whose specialty is in the field of civil engineering, unless another specialty is set forth herein (e.g., such as that required for excavation and fill for slopes steeper than 2/1 slope).
PROFESSIONAL LANDSCAPE ARCHITECT
A person licensed or otherwise authorized by the Commonwealth of Pennsylvania as a landscape architect.
PROFESSIONAL SURVEYOR
A person licensed or otherwise authorized by the Commonwealth of Pennsylvania as a surveyor.
REGRADING AREA
Any area on a property where the topographic lines have changed pursuant to a grading plan.
RESIDENT INSPECTOR
An inspector supplied by an engineering company, to oversee that the integrity of all site work is being completed to plan and specification.
RESIDENTIAL PROJECT
Any project being completed for, or to support a single family housing unit or single family rental unit.
RETAINING WALL
A structure composed of concrete, steel or other approved building material constructed for the purpose of supporting a cut or filled embankment which would otherwise not comply with the requirements of the standards set forth in this chapter, and which is more than four feet in height, as measured on the exposed vertical surface of the wall.
ROUGH GRADE
That state of grading which approximates the finished grade in a plan of grading.
SEDIMENTATION
The process by which soil or other surface material is accumulated or deposited by water, wind or gravity.
SITE
A lot, tract or parcel of land or a series of lots, tracts or parcels of land joined together, where work is continuous and performed at the same time.
SLOPE
That ratio formed by the horizontal over the vertical difference of position and where the vertical difference is usually expressed as one (e.g., 2/1, 3/1, etc.).
SOIL
All earth material of whatever origin that overlies bedrock and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment. The term "clean soil or earth" shall mean that earthen material consisting only of uncontaminated soils, stones or rocks, or a mixture or combination of such materials, of appropriate dimensions, that are raw materials, excavated or extracted from a borrow pit or some earthen bank.
STRIPPING
Any activity which removes or significantly disturbs the vegetative surface cover.
WASTE
All parts of or any combination of material that is an unintended by product of a manufacturing process and/or that is intended to be or has been discarded. Examples of waste for the purposes of this chapter include, but are not limited to, ashes, garbage, refuse, radioactive material, demolition materials and industrial wastes such as food-processing wastes, wood, plastic, metal scrap, or any similar materials.
WATERCOURSE
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, drainage way, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, including any area adjacent thereto which is subject to inundation by reason of overflow or floodwater.
WORK
Any activity authorized under a grading permit, including, but not limited to, clearing, construction, grading and stripping.
The purposes of this chapter are to regulate the modification of natural terrain, and the alteration of drainage and to provide for certain erosion and sediment control measures to safeguard persons, to protect property, to maintain the present level of ecology and to promote the public welfare by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavation and fill.
A. 
Except as exempted by § 99-5, no person shall do any clearing, stripping, grading, construction or other activity involving the disturbance of natural terrain or vegetative ground cover unless he has applied for and obtained a valid grading permit from the Borough Engineer. Specifically, the following activities require a grading permit:
(1) 
Modifying, disturbing, blocking, diverting or otherwise adversely affecting the natural overland or subsurface flow of stormwater.
(2) 
Construction, erection or installation of any drainage dam, ditch, culvert, drain pipe, bridge or any other structure or obstruction affecting the drainage of any premises.
(3) 
Filling, clearing, stripping, excavating and grading of any land, including stockpiling (temporary or permanent) of excavated or fill material.
B. 
Prior to beginning work associated with a grading permit, an applicant shall provide proof that the applicant or applicant's representative has applied for and/or obtained all necessary permits and approvals, including, but not limited to, permits granted by DEP.
C. 
Where proposed work relates to a land development plan approved under the Subdivision and Land Development Ordinance (Chapter 163), the Borough Engineer may grant a grading permit prior to the developer's compliance with all applicable conditions of such approval.
D. 
One grading permit may cover all of the grading on one site. If a major development, such as a planned residential development or a planned industrial park, is proposed for one continuous parcel or under a single phase of construction, then one grading permit may be applied for and approved.
E. 
Where a major development is proposed and the work is to be completed on more than one parcel or under more than one phase of construction, the Borough Engineer may require the applicant to submit more than one grading permit application.
F. 
Where major modifications or alterations are proposed for work covered by an existing grading permit, the Borough Engineer may require that an application for a new grading permit be submitted.
A. 
A grading permit will not be required for any of the following situations:
(1) 
An excavation that does not exceed a total of 100 cubic yards.
(2) 
An excavation for a basement, footing of a building, swimming pool or underground structure authorized by a building permit, and an excavation of a driveway between a building site and the street.
(3) 
A single-family dwelling site where the land disturbance is less than 1.0 acres.
(4) 
Authorized Borough capital improvement and public works projects; provided, however, that erosion and sedimentation control measures as approved by the Borough have been and are being employed.
(5) 
Accepted agricultural land management practices, such as plowing, nursery operations, removal and/or transplanting of cultivated sod, shrubs and trees and tree cutting at or above existing ground and logging operations leaving the stump, ground cover and root mat intact.
A. 
Whenever the Borough Engineer determines that any existing excavation, retaining wall, embankment or fill has become a hazard, the owner of the property upon which the excavation, retaining wall, embankment or fill is located, or other person or agent in control of said property, shall, upon receipt of notice in writing from the Borough Engineer and within the reasonable period specified therein, repair, reconstruct or remove such excavation, retaining wall, embankment or fill so as to eliminate the hazard.
B. 
If, after such notification, the property owner or other person has not made the necessary repairs within the time requested, then the Borough may make the required repairs and the cost thereof shall be borne by the property owner by a lien or judgment obtained as provided by law.
A. 
To obtain a grading permit, an applicant shall first file a written application upon forms furnished by the Borough, including three copies of the application and required plans, specifications and timing schedule with the Borough. The application must be signed by the owner of the property or an authorized agent. If the owner is a corporation, firm, business, partnership, association, limited liability company, or any other legal entity, it must be signed by the authorized agent thereof.
B. 
A separate application shall be required for each site.
C. 
No permit shall be transferable without the written consent of the Borough Engineer. No grading permit shall be issued for work related to construction or development not permitted by the Zoning Ordinance (Chapter 180) or Subdivision and Land Development Ordinance (Chapter 163).
D. 
Three types of grading permits exist within the Borough based on the number of cubic yards to be graded. For excavations between 101 and 500 cubic yards, a minor grading permit shall be issued. For excavations between 501 and 5,000 cubic yards, a standard grading permit will be required. For excavations greater than 5,000 cubic yards, a major grading permit will be required. An inspection by the Borough Code Enforcement Officer shall be required prior to commencing the excavation. The minor grading permit may require a site plan or sketch pursuant to the Code Enforcement Officer's visit.
E. 
The plans, specifications, timing schedule and accompanying application shall be submitted to the Borough prior to commencement of any such activity and shall include the following data:
(1) 
Describe the land on which the proposed work is to be done by lot, block, tract or street address or similar description, which will readily identify and locate the proposed work.
(2) 
Provide a plan of the site, prepared by a professional engineer, surveyor or landscape architect drawn to an appropriate scale:
(a) 
The boundary lines of the site on which the work is to be performed, including the approximate acreage of the site.
(b) 
Existing topography on the site, including the location of any buildings, structures, utilities, sewers, water and storm drains, wooded areas and other significant natural features.
(c) 
Proposed improvements on the site, including proposed contours of the land after completion of the proposed grading.
(d) 
All drainage provisions, erosion and sediment control measures, vegetative practices or other protective devices to be constructed in connection with or as part of the proposed work.
(e) 
Provisions for erosion control during construction (temporary) and during the life of the facility (permanent). Such provisions shall include a timing schedule and sequence of operations indicating the anticipated start and completion dates of the particular development sequence.
(f) 
A soil classification map identifying soils and listing limiting factors of applicable soils for commercial projects only.
(g) 
The name of the proposed development, and names and addresses of the owner, developer and persons who prepared the plan.
(h) 
For commercial work only, the plans and specifications shall be supported by such supplemental reports, data and additional information as the Borough Engineer may reasonably require, including, but not limited to, the following:
[1] 
Storm drainage computations and studies.
[2] 
Field investigation reports indicating the nature, condition and characteristics of existing drainage and flooding conditions.
[3] 
Results from actual soils investigations, reports or test borings, if applicable.
(3) 
The Borough Engineer may waive the requirements for plans, specifications, timing schedule or cost estimate if he finds that the information on the application is sufficient to show that the work will conform to the requirements of this chapter.
Before issuing a grading permit, the Borough shall collect a permit fee from the applicant in accordance with the following provisions:
A. 
Application fees and deposits. The Borough Council shall establish from time to time by resolution fees and deposits to be paid by the applicant/developer at the time of filing the relevant application under this chapter.
B. 
Review fees and expenses. The applicant/developer shall reimburse the Borough for all fees and expenses incurred by the Borough related to an application and/or grading permit under this chapter, including, but not limited to, the reasonable and necessary charges of the Borough professional consultants, the Borough Engineer and the Borough Solicitor for review and report on an application and/or grading permit under this chapter and the inspection of improvements and/or work related thereto.
C. 
Upon filing an application, the applicant must agree, in writing, to pay costs actually incurred by the Borough, regardless of whether the work related thereto is ever initiated or completed.
A. 
Prior to issuance of a grading permit, the applicant shall provide the Borough with financial security guaranteeing the completion, timely installation and proper construction of any work within any Land Development, Planned Residential Development or Major Subdivision. The amount of such financial security shall be equal to 110% of the cost of completing the work. Such financial security shall be from a source and in a form acceptable to the Borough Solicitor and shall comply with the requirements of the Performance Guaranty (Chapter 163, § 163-46).
B. 
After the completion of the work secured by the financial security, and as a prerequisite for the Borough's release of such financial security, the applicant shall request a final inspection by the Borough to certify compliance with the applicable Borough ordinances and the Borough-approved plans and specifications for the grading permit. Within 20 calendars days after receiving a certification that the work secured by the financial security has been completed in compliance with the applicable Borough ordinances and the Borough-approved plans and specifications for the grading permit, the Borough shall release the financial security and return it to the applicant within 14 calendar days of final approval.
A. 
The Borough Engineer may attach conditions to a grading permit as reasonably necessary to prevent danger to property, including any sewer, storm drain or watercourse, or to prevent work from being conducted in a manner hazardous to life or property, or in a manner likely to create a nuisance. No grading permit shall be issued until grading plans, erosion and sediment control plans, specifications, a timing schedule and a cost estimate are approved by the Borough Engineer and the applicant certifies that all work shall be performed pursuant to the approved plans, specifications and schedules.
B. 
If the application conforms substantially to the requirements of this chapter, the Borough Engineer shall approve the same and issue a grading permit to the applicant within 14 calendar days.
C. 
After actual work begins, the Borough Engineer may require additional or revised erosion and sedimentation controls from time to time in the event that the Borough Engineer determines that the originally approved controls are inadequate.
D. 
Permits issued pursuant to this chapter do not relieve the owner of responsibility for securing any and all necessary permits and approvals as required by any other applicable code, ordinance or regulatory agency.
A. 
If an application for a grading permit does not conform to the requirements of this chapter, the Borough Engineer shall deny the application in writing, setting forth the basis for the denial. The Borough Engineer shall forward the written denial to the applicant within 14 calendar days.
B. 
Where, in the opinion of the Borough Engineer, the work as proposed by the applicant is likely to endanger any person, property or any street or way, or create hazardous conditions, or damage the ecology of the area, the application for grading permit shall be denied. In determining whether the proposed work is likely to have such an effect, Borough Engineer shall consider factors, including, but not limited to, possible saturation by rains, earth movements, runoff of surface waters and subsurface conditions such as the stratification and faulting of rock and the nature and type of the soil, rock or other minerals.
During grading or other work, the applicant shall be responsible for:
A. 
Performing all work in accordance with the grading permit, approved plans, specifications and timing schedule and in compliance with all requirements of this chapter.
B. 
Preventing damage to public utilities within the area where work is performed and along any routes of travel of construction equipment, and repairing any such damage if necessary.
C. 
The prevention and/or repair of damage to adjacent property. No person shall grade on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any public or private property without supporting and protecting such property from settling, cracking or other damage which might result.
D. 
The prompt removal and legal disposal of all soil, debris, waste or other material spilled, dumped or otherwise deposited on public streets, highways, sidewalks or other public thoroughfares during transit to and from the construction site. The Borough Engineer may require the construction of a haul road or other approved vehicle cleaning method to prevent the spread of debris.
E. 
The prevention of all sediment from entering into any public sanitary or storm sewer system or watercourse.
Following written notice issued to the applicant and reasonable opportunity to cure, the Borough Engineer may revoke or suspend any permit issued under this chapter for:
A. 
Violation of any condition of the grading permit.
B. 
Violation of any provision of this chapter or any other applicable law, ordinance, rule or regulation relating to work authorized under a grading permit.
C. 
Existence of any condition or the doing of any act constituting or creating a nuisance or hazard or endangering human life or the property of others.
Unless otherwise provided by Pennsylvania law, every grading permit shall automatically expire if the authorized work is not commenced within three months or is not completed within six months for residential projects, or for commercial projects commenced within three months or is not completed within one year from the date of such permit issuance. If the applicant provides satisfactory evidence in writing that unusual difficulties have prevented the work from being started or completed within the specified time limits, the Borough Engineer may grant a reasonable extension of time. An applicant must file an application for the extension of time before the date of expiration of the grading permit.
All modifications to the approved plans, specifications, timing schedule and cost estimate for a grading permit shall be submitted to the Borough for review and approval by the Borough Engineer. There shall be no differentiation between major and minor modifications with respect to this section. Modifications of the approved plans shall be reviewed and approved in the same manner as the original plan.
A. 
The Borough Engineer shall make the inspections required under this chapter. Following inspection, the Borough Engineer shall approve any portion of the work that has been completed and notify the applicant of any portion of the work that fails to comply with the provisions of this chapter. Where the Borough Engineer determines that the soil or other conditions are not as stated or shown on the application, the Borough Engineer shall stop work on the site immediately until the Borough approves a revised grading plan in accordance with § 99-15 above.
B. 
All approved grading plans shall be maintained at the site until all permitted work has been approved by the Borough Engineer.
C. 
The applicant shall request from the Borough Engineer all inspections provided in the following schedule at least 72 hours before the inspection is to be made. All inspections can be provided by the owner on a commercial site by a resident inspector approved by the Borough.
(1) 
Initial inspection: when work on the excavation or fill is about to be commenced.
(2) 
Rough grading: when all rough grading has been completed.
(3) 
Drainage facilities: when drainage facilities are to be installed and before such facilities are backfilled. A resident inspector will certify prior to project completion, that all pipe and structures are properly installed and backfilled to plan and specifications.
(4) 
Special inspection: if at any time conditions are found which are not stated on the permit holder's application.
(5) 
Special structures: when excavations are complete for retaining and other structural supporting walls (e.g., such as crib walls) and when reinforcing steel is in place and before concrete is poured.
(6) 
Final inspection: when all work, including the installation of all drainage and other structures has been completed.
A. 
Grading shall be limited to the minimum area necessary to provide for buildings, roads, parking areas, utilities, other facilities and other work related to the grading.
B. 
The applicant shall be responsible for protecting adjacent and downstream properties from any damage which occurs as a result of grading activities on the grading site. Such protection shall include cleaning up and restoring to their original condition any adjacent and downstream properties adversely affected by silt, debris, flooding, or other damage resulting from the grading activity.
C. 
The top and bottom edges of cut or fill slopes shall be kept back from property or right-of-way lines three feet.
D. 
Topsoil stripped from the grading site in preparation for grading activities shall be stockpiled and replaced on the site over all regraded areas at a minimum depth of four inches.
E. 
Fill areas shall be prepared by removing organic material (such as topsoil, vegetation, rubbish and any other material determined by the Borough Engineer to prevent proper compaction and stability).
F. 
Grading shall be accomplished so that post-development stormwater runoff flows cause no harm to adjacent properties.
A. 
No excavation shall be made with a cut face steeper in slope than two horizontal to one vertical, except under the following conditions:
(1) 
Where the height of a proposed slope will not exceed 12 feet, then a maximum slope steepness of one and a half horizontal to one vertical may be allowed where soil conditions permit and doing so will help to preserve existing vegetation or other significant natural features. The cut shall be located so that a line having a slope of two horizontal to one vertical and passing through any portion of the slope face will be entirely inside the property lines of the site being graded. Where the height of a proposed slope exceeds 12 feet, the maximum slope is two horizontal to one vertical and passing through any portion of the slope face will be entirely inside the property lines of the site being graded.
(2) 
Where a retaining wall is constructed to support the face of the slope, the plans for such wall shall be designed and sealed by a professional engineer and reviewed and approved by the Borough Engineer.
(3) 
A geotechnical analysis, prepared by a professional engineer with geotechnical training and experience, that demonstrate the steep slopes, excavations and embankments are stable may be required at the discretion of the Borough Engineer for major earth moving operations.
B. 
Excavation adjacent to any building foundation walls, footings, or structures shall not extend beyond the angle of repose or natural slope of the soil under the nearest point of the same unless the foundation walls, footings, or structures have been sufficiently underpinned or otherwise protected against settlement.
C. 
The Borough Engineer may require an excavation to be made with a cut face less or flatter in slope than two horizontal to one vertical if it finds the material in which the excavation is to be made is unusually subject to erosion or if other conditions exist which, under applicable engineering practice, make such flatter cut slope necessary for stability and safety.
D. 
A soil erosion and sedimentation control plan shall be prepared in accordance with the provisions of 25 Pa.Code, Chapter 102, Erosion and Sediment Control, as amended, prior to commencement of any grading or other regulated earth disturbance activity, unless the Beaver County Conservation District determines that a soil erosion and sedimentation control plan is not required.
A. 
No fill shall be made which creates any exposed surface steeper in slope than two horizontal to one vertical, except under the following condition:
(1) 
The Borough Engineer may require that the fill be constructed with an exposed slope less than or flatter than two horizontal to one vertical if the Borough Engineer finds that under the particular conditions such flatter slope is necessary for stability and safety.
B. 
Whenever fill is to include materials other than clean soil or earth, the grading permit shall be subject to the following additional limitations and requirements:
(1) 
The fill shall be completed within a reasonable length of time, said time limit to be determined by the Borough Engineer and to be specified on the grading permit.
(2) 
Clean soil or earth shall be placed over the top of and cover exposed surfaces of the fill to a depth sufficient to conceal all materials, other than clean soil or earth, within the fill. Topsoil must meet Pennsylvania Department of Transportation Publication 408 Specifications.
(3) 
Debris or waste shall not be considered as fill material.
(4) 
No rock or material in excess of 12 inches in any dimension, or nominal lift thickness, whichever is less, shall be buried or placed in fills without a minimal cover of two feet.
(5) 
No organic or frozen materials shall be placed in fills.
(6) 
No fill of any kind shall be placed over trees, stumps or other material which would create a nuisance or be susceptible to attracting rodents, termites or other pests.
A. 
A grading permit shall apply to a retaining wall proposed to satisfy the requirements of this chapter. Such retaining wall must comply with the regulations provided in this chapter, including, but not limited to, inspections.
B. 
Retaining walls must be constructed in accordance with sound engineering practice and plans submitted to the Borough for review. All plans submitted shall bear the seal of a professional engineer.
C. 
The backfilling of retaining walls and the insertion of below grade drainage facilities associated with the retaining walls shall strictly comply with the provisions of this chapter and appropriate Borough specifications.
The developer or the owner of any property on which work has been done pursuant to a grading permit, or any other person or agent in control of such property, shall maintain in good condition and promptly repair or restore all damaged grade surfaces, walls, drains, dams and structures, plantings, vegetation, erosion and sedimentation control measures and other protective devices. Such repair, restoration and maintenance shall be in accordance with the approved plans, specifications and grading permit as required by this chapter.
Neither the issuance of a grading permit, nor compliance with this chapter or any conditions imposed by the Borough Engineer, shall relieve any person from the responsibility for damage to any person or property otherwise imposed by law, nor impose any liability upon the Borough for damages to any person or property.
A. 
Any person, firm, or corporation who shall violate any provision of this chapter, or fails to comply therewith, or with any of the requirements thereof, upon conviction thereof in an action brought before a magisterial district judge in the manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure, shall be sentenced to pay a fine of not less than $300 nor more than $1,000 plus costs, including reasonable attorney fees incurred by the Borough, and, in default of payment of said fine and costs, to a term of imprisonment to the extent permitted by law for the punishment of summary offenses. A separate offense shall arise for each day or portion thereof in which a violation of this chapter is found to exist and for each section of this chapter found to have been violated. The Borough may also commence appropriate actions in equity or other to prevent, restrain, correct, enjoin, or abate violations of this chapter. All fines and penalties collected for violations of this chapter shall be paid to the Borough Treasurer. The initial determination of ordinance violation is hereby delegated to the Borough Manager, the Police Department, the Borough Engineer, the authorized designee of the Borough Manager, and to any other officer or agent that the Borough Manager or Borough Councils shall deem appropriate.
B. 
In addition, the Borough, through its Solicitor, may institute injunctive, mandamus, or any other appropriate action or proceeding at law or in equity for the enforcement of this chapter. Any court of competent jurisdiction shall have the right to issue restraining orders, temporary or permanent injunctions, mandamus, or other appropriate forms of remedy or relief.
A. 
Any applicant or person aggrieved by a decision of the Borough Engineer or a notice or order issued under this chapter shall have the right of appeal to the Borough Council provided that a written application for an appeal is filed within 10 calendar days after receipt of said decision, notice or order, along with payment of an appeal hearing fee in an amount set from time to time by resolution of the Borough Council. An application for appeal shall be based on a claim that the true intent of this chapter or the rules legally adopted hereunder has been incorrectly interpreted, or the provisions of this chapter do not fully apply. All appeals before the Borough Council under this chapter shall proceed under the regulations and procedures established in the Building Construction Ordinance (Chapter 55).
B. 
All appeals from decisions of the Borough Council rendered pursuant to this section shall be taken to the Court of Common Pleas of Beaver County and shall be filed within 30 calendar days after entry of the decision as provided in 42 Pa.C.S.A. § 5572 (relating to time of entry of order).