Fair Haven City Zoning Code
§ 30-14.9
Minor Development.
[Added 11-24-2025 by Ord. No. 2025-19]
a.
The stormwater runoff requirements applicable to minor developments are as follows:
1.
For each square foot of new impervious surface, two gallons of stormwater shall be managed using green infrastructure practices set out below or such other measures as may be required by the municipal engineer of which the Retention Storm must be retained on site utilizing green infrastructure.
2.
All such development shall be subject to review by the municipal engineer to determine that all stormwater runoff created by the development is adequately controlled and does not cause an adverse impact on adjoining property owners or downstream impacts.
3.
In such cases where it is determined that the out flow from the stormwater management system will impact an adjacent property, the out flow shall be directed to a storm sewer, gutter, swale, or other suitable stormwater runoff conveyance measure.
4.
If the municipal engineer determines that the out flow from the stormwater management system may damage an adjoining property and the out flow cannot be safely directed to a storm sewer, gutter, swale, or other suitable stormwater runoff conveyance measure, the stormwater runoff from the development shall be retained on-site at a rate of three gallons of storage for each square foot of new impervious surface using green infrastructure practices or such other measures as may be required by the municipal engineer.
5.
If the applicant cannot comply with paragraph a4 above or that is not sufficient to eliminate impacts to the adjacent property, the proposal should be redesigned, or reduced in scope so that the stormwater management measures do not damage an adjoining property.
Table 7 Minor Development BMP | |
|---|---|
Grass swale | Green Roof |
Pervious paving system | Small-Scale Bioretention Basin |
Small-scale infiltration basin | Small-Scale Sand Filter |
Vegetative filter strip | Cistern |
Dry well* | |
*The use of dry wells is allowed only where the other listed methods cannot feasibly meet the requirements of this section. |
b.
Soil Testing shall be performed to confirm the permeability of the soils and the depth of the water table and seasonal high-water table.
c.
The stormwater management feature shall be protected from future development by conservation easement, deed restriction, or other acceptable legal measures.
d.
Variances. A variance from strict compliance with the requirement of subsection 30-14.6 may be granted for those projects where an applicant has demonstrated the inability or impracticability of strict compliance with the stormwater management requirements in that section. If the municipal engineer or the reviewing board agrees that full compliance is impracticable or unable to be accomplished, the applicant shall:
1.
Install BMPs to the extent practical on the site.
2.
Pay a Minor Development Waiver Fee (MDWF) to the Municipality's Minor Stormwater Management Fund for that portion of the stormwater management requirements that could not be accomplished on site.
3.
The Minor Development Waiver Fee shall be calculated on a per gallon basis to reflect the average cost of implementing green infrastructure BMPs. The MDWF may be adjusted from time to time as determined by the Municipal Governing Body.