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Fair Haven City Zoning Code

§ 30-14.1

Scope and Purpose.

[Amended 11-24-2025 by Ord. No. 2025-19]
a. 
Policy Statement. Flood control, groundwater recharge, and pollutant reduction shall be achieved through the use of stormwater management measures, including green infrastructure Best Management Practices (GI BMPs) and nonstructural stormwater management strategies. GI BMPs and low impact development (LID) should be utilized to meet the goal of maintaining natural hydrology to reduce stormwater runoff volume, reduce erosion, encourage infiltration and groundwater recharge, and reduce pollution. GI BMPs and LID should be developed based upon physical site conditions and the origin, nature and the anticipated quantity, or amount, of potential pollutants. Multiple stormwater management BMPs may be necessary to achieve the established performance standards for water quality, quantity, and groundwater recharge. It is the intent of this section not only to meet the minimum statewide requirements for stormwater management applicable to major development but also to regulate the cumulative impacts of minor development within the Borough by applying locally adopted stormwater management standards.
b. 
Purpose. The purpose of this section is to establish minimum stormwater management requirements and controls for "major development" and "minor development" as defined below in subsection 30-14.2.
c. 
Applicability.
1. 
This section shall be applicable to all major developments.
2. 
This section shall be applicable to all minor developments.
3. 
This section shall also be applicable to all major and minor developments undertaken by the Borough of Fair Haven.
4. 
An application required by ordinance pursuant to subsection 30-14.1c1 above that has been submitted prior to December 15, 2025, shall be subject to the stormwater management requirements in effect on December 14, 2025.
5. 
An application required by ordinance for approval pursuant to subsection 30-14.1c1 above that has been submitted on or after March 2, 2021, but prior to December 15, 2025, shall be subject to the stormwater management requirements in effect on December 14, 2025.
6. 
Notwithstanding any rule to the contrary, a major development for any public roadway or railroad project conducted by a public transportation entity that has determined a preferred alternative or reached an equivalent milestone before July 17, 2023, shall be subject to the stormwater management requirements in effect prior to July 17, 2023.
d. 
Compatibility with Other Permit and Ordinance Requirements. Development approvals issued pursuant to this section are to be considered an integral part of development approvals and do not relieve the applicant of the responsibility to secure required permits or approvals for activities regulated by any other applicable code, rule, act, or ordinance. In their interpretation and application, the provisions of this section shall be held to be the minimum requirements for the promotion of the public health, safety, and general welfare. This section is not intended to interfere with, abrogate, or annul any other ordinances, rule or regulation, statute, or other provision of law except that, where any provision of this section imposes restrictions different from those imposed by any other ordinance, rule or regulation, or other provision of law, the more restrictive provisions or higher standards shall control.