All applications for development in the Borough shall demonstrate conformance to design standards that will encourage sound development patterns within the Borough. Where either a Master Plan, a land use element of a Master Plan, and/or an Official Map have been adopted by the Borough, the proposed development shall conform to the proposals and recommendation contained therein. The streets, school sites, public parks, playgrounds and playfields, etc., shown therein shall be considered in the approval of subdivision or site plans. Proposed development in the Borough shall conform to the standards of the Pinelands Comprehensive Management Plan.

Land which the Borough finds to be in areas identified in the Natural Resources Inventory as having soil characteristics which will produce flooding, improper drainage, or other features which can reasonably be expected to be harmful to the health, safety, and general welfare of present or future inhabitants, shall not be subdivided, nor shall site plans be approved unless adequate and acceptable methods, meeting the requirements of this chapter, are formulated by the developer or applicant which solve the problems.

Whenever a development abuts or crosses a municipal boundary, as a general rule, access to those lots within the Borough shall be from within the Borough. Wherever an exception occurs and access to a development is required across land in an adjoining municipality, the Borough shall require documentation that such access is legally established, that the access road or roads are adequately improved, and will not create a hardship upon the furnishing of services by the Borough, such as police and fire protection, trash collection, snow removal, and school bus service.

Construction above curb level. In any district in the Borough of Chesilhurst, in any residential structure that contains two or more dwelling units, there must be constructed for the first floor of all houses or duplexes, a foundation that is at least two feet above the curb level at the front of the building.

Drainage. In order to eliminate any recurrent or excessive accumulation of stormwater, dry sewell lines for drainage shall be required for all new residential construction of single-family homes or duplexes in accordance with the rules and regulations of the Borough of Chesilhurst.

Statement of policy. In the development and execution of this chapter, it is recognized that there are some uses, which because of their very nature, are recognized as having serious objectionable operational characteristics, particularly when several of them are concentrated under circumstances having a deleterious effect upon the adjacent areas. Special regulation of these uses is necessary to insure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhood.

Adult bookstores, adult motion-picture theaters and massage parlors are hereby deemed to be regulated uses.[1]

Regulations governing adult uses. Every licensee of an adult use shall comply with the following regulations as applicable:

Any person, firm or corporation or other party violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $500, or imprisonment in the County Jail for a term not exceeding 90 days, or both. Each and every violation and nonconformance to this section, or each day that any provision of this section shall have been violated, shall be construed as a separate and distinct violation thereof.

Conformance with standards.

Heat. Any operation producing intense heat from steam, gases, vapors, products of combustion of chemical reaction shall be performed within an enclosed building or behind a solid fence in such a manner as not to produce any of the following effects:

Odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at or beyond an adjacent lot line.

Vibration. No vibration shall be perceptible to the human senses at or beyond an adjacent lot line.

Block length, width, and acreage shall be sufficient to accommodate the size lot required in the particular zoning district and to provide for convenient access, circulation, control, and traffic safety.

All blocks in a subdivision or planned unit development shall have a minimum length of 500 feet and a maximum length of 1,200 feet, unless special conditions warrant a variance.

Buffer areas shall be required along all lot lines between residential uses of different intensities and between residential and nonresidential uses.

Intent. Buffers shall be created to minimize noise, to create visual relief from views of loading areas, trash enclosures, parking areas and the like, and to screen glare from automobile headlights.

Vegetated buffer areas are required in the following instances:

Buffer size.

Buffer requirements.

Easement across property in the Borough may be required for public utility purposes. Such easements shall be at least 20 feet wide for one utility and five additional feet for each additional utility. Easements should be located in consultation with the utility companies or the appropriate Borough officials. To the fullest extent possible, easements should be centered on, or adjacent to, rear or side lot lines.

Easements across property in the Borough may be required for stormwater drainage. Such easements shall be at least 25 feet, or a lesser width if a lesser need is demonstrated per the standards under § 285-76 of this chapter.

Whenever the internal grading of a lot is necessary to form a basin, channel, or other drainage feature to intercept or direct water, the areas so graded shall be designated by recorded instrument, in such a way as to give notice to future owners of said property and to insure continued maintenance of the drainage feature.

All easements shall be indicated on the preliminary and final plats and shown in such a manner that their boundaries can be accurately determined.

Purposes. The purpose of this section is to promote the conservation of energy through the use of planning and land development practices designed to reduce energy consumption, to orient new streets and structures as to permit, within the limits of practicability and feasibility, the maximizing of solar gain, and to encourage the effective use of passive solar or other energy-saving building design techniques.

Standards. All subdivisions and site plans shall conform to the following:

Waiver provisions. The Planning Board may waive or reduce any requirements of this section when the applicant demonstrates that it is not practical or feasible to comply with these regulations.

Intent. Fences shall function to create privacy, provide security and screen areas from view. It is the intent of this section to discourage fences higher than six feet in height except in those limited instances where a permitted use may require a higher fence for safety or security.

Fence standards.

The following fences are prohibited:

All applications for development in the Borough shall demonstrate conformance with the standards for fire hazard mitigation, as outlined in this section.

Fire hazard classes.

For lands classified as moderate, high and extreme fire hazard areas, all roads shall conform with the following standards:

For lands classified as moderate, high and extreme fire hazard areas, a fire hazard fuel break shall be provided around structures proposed for human use, by selectively thinning, mowing, or pruning, and maintaining on an annual basis the shrubs, understory trees, bushes, and ground cover, and removing all dead plant material. These fuel breaks shall be at widths, measured outward from the structure, as follows:

Fire hazard fuel breaks within lands classified as extreme fire hazard areas shall contain no pine tree (Pinus spp.) that is within 25 feet to another pine tree.

All applications for development of 100 or more dwelling units on lands classified as high or extreme fire hazard areas shall have a two-hundred-foot perimeter fuel break between all structures and the forest, in which:

All new structures proposed for development in the Borough shall meet the following specifications:

Identification. The following sources (and other sources of information, if deemed appropriate) shall be used to specify floodways and flood hazard areas in the Borough:

Permitted uses.

General. Apartments are multifamily buildings where individual dwelling units share a common outside access and a common yard area. Apartments shall contain four or more dwelling units in a single structure and shall be connected to a public sewer system. Apartments shall be permitted only in the Senior Citizen SC District as defined under Article XIII, and shall be designed in accordance with the following schedule of area, bulk, and height requirements.

Schedule of lot, yard, and building regulations.

Open space and buffers.

Off-street parking. Off-street parking shall be provided in accordance with § 285-73 of this chapter, and all common parking areas shall be transferred to a homeowners' association for ownership and maintenance, as provided for in § 285-68.

Storage space and service areas.

Church spires, cupolas, monuments, water towers, wastestacks, flag poles, chimneys, windmills, solar energy facilities, electric transmission facilities and supporting structures and similar structures, required to be placed above the roof level and not intended for human occupancy, may be permitted above the maximum height limitation in any zoning district, provided that such structures are compatible with uses in the immediate vicinity.

In addition, the antenna and any supporting structure of a local communication facility of greater than 35 feet may be permitted above the maximum height limitation in any zoning district, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

Authority to issue certificates of appropriateness. The Planning Board shall issue all certificates of appropriateness.[1]

Certificates of appropriateness shall be required for the following:

Applications for certificate of appropriateness shall include the information specified in N.J.A.C. 7:50-6.156(b).

A cultural resource survey shall accompany all applications for major development in order to determine whether any significant historic resources exist on the parcel. Guidelines for this survey are contained in Appendix B of the "Cultural Resource Management Plan," dated April 1991, as amended. In general, the survey shall include: a statement as to the presence of any properties listed on the National and State Registers of Historic Places on the site or within the area of the projects' potential environmental impacts; a thorough search of state, local and any other pertinent inventories to identify sites of potential significance; a review of the literature and consultation with professional and a vocational archaeologists knowledgeable about the area; thorough pedestrian and natural resources surveys; archaeological testing as necessary to provide reasonable evidence of the presence or absence of historic resources of significance; adequate recording of the information gained and methodologies and sources used; and a list of personnel involved and qualifications of the person(s) performing the survey.

The standards governing the issuance of certificates of appropriateness in N.J.A.C. 7:50-6.156(c) shall be followed by the Planning Board.

The effect of the issuance of a certificate of appropriateness is as follows:

The following information will be required to document resources which are not found to be significant but which are otherwise found to present graphic evidence of a cultural activity:

If archaeological data is discovered on a site at any time after construction has been commenced, the developer shall immediately cease construction, notify the Planning Board and the Pinelands Commission and take all reasonable steps to protect the archaeological data in accordance with the "Guidelines for the Recovery of Scientific, Prehistoric, Historic and Archaeological Data: Procedures for Notification, Reporting, and Data Recovery (35 CFR 66)."

There shall be no more than two employees, other than the household residents;

The home occupation shall be carried on entirely within the dwelling or within an accessory building or buildings; the home occupation shall not exceed 25% of the total gross habitable floor area of the dwelling;

The home occupation shall not require the care or servicing of more than two patients, students, or clients at any one time, and such care and servicing is by appointment only;

The home occupation shall not require storage of materials outside the residence;

Parking requirements for clients or customers shall not exceed, on the average, more than one passenger car at any one time; and

No sign shall be permitted in connection with the home occupation other than a name plate which identifies the proprietor and the title of the occupation or profession. Signs shall conform with the standards of § 285-82 of this chapter.

A homeowners' association may be established by the developer of cluster residential development or planned unit development, as these forms of development are permitted in this chapter, for purposes of ownership and maintenance of common open space, if said open space is not dedicated to the Borough.

Membership shall be limited to and mandatory for all property owners, condominium owners, stockholders under a cooperative development, or other owners of property or interest in the project, required membership and the responsibilities of the members shall be in writing between the organization and each member in the form of a covenant with each agreeing to liability for his pro-rata share of the organization's costs.

The organization shall be responsible for liability insurance, taxes, maintenance and any other obligations assumed by the organization, and shall hold the Borough harmless from any liability. The organization shall not be dissolved and shall not dispose of any open space or property by sale or otherwise, except to an organization conceived and established to own and maintain the open space or property for the benefit of such development, and thereafter such organization shall not be dissolved or dispose of any of its open space or property without first offering to dedicate the same to the Borough.

The assessment levied by the organization upon each member may become a lien on each member's property. The organization shall be allowed to adjust the assessment to meet changing needs.

The organization shall clearly describe in its bylaws all the rights and obligations of each tenant and owner, including a copy of the covenant, model deeds, and articles of incorporation of the organization, and the fact that every tenant and property owner shall have the right to use all common property. These shall be set forth as a condition of approval and shall be submitted to the Borough Attorney prior to the granting of final approval of the development.

The articles of incorporation, covenants, bylaws, model deeds, and other legal instruments shall insure that control of the organization shall be transferred to the members based on a percentage of the dwelling units sold and/or occupied. Further, these instruments shall clearly indicate that in the event such organization shall fail to maintain the common open space or common property in reasonable order and condition, the Borough may serve written notice upon such organization and shall follow the procedures set forth in N.J.S.A. 40:55D-43b, and if it becomes necessary for the Borough to provide maintenance, the imposition of a lien, as set forth in N.J.S.A. 40:55D-43, shall be followed.

Any proposed outdoor lighting shall be shown on the site plan in sufficient detail to allow determination of the effects at the property line, on nearby streets, driveways, residences, and overhead sky glow. The objectives of these specifications is to minimize glare and undesirable off-site effects.

All outdoor lighting, such as for off-street parking or recreation areas, shall provide for lights focused downward or landscape lighting, translucent fixtures, shielding, or other such orientation as to prevent light spillage off the site.

No light shall shine directly into windows or onto streets and driveways in such a manner as to create a nuisance or interfere with or distract driver vision. Any outdoor lighting proposed shall be subject to site plan approval.

All exterior lighting fixtures shall be equipped with cut-off luminaries. The mounting height of exterior lighting shall conform to the following schedule:

The light intensity at a property line adjacent to a residential zone shall not exceed 0.25 footcandle.

Lot dimensions and areas shall conform to the requirements of this chapter, and so far as is practical, side lot lines shall be either at right angles or radial to street lines.

Each lot must front upon an approved public street, with dimensions in accordance with § 285-87 of this chapter.

Where extra width has either been dedicated or anticipated for widening of existing streets, the lots shall begin at such new street line and all setbacks shall be measured from such line.

Lots excessively deep in relation to width shall be avoided. New through lots with frontage on two streets shall be permitted only under the following conditions:

Averaging of lot area and lot width requirements is permitted for residential, multilot developments, under the following conditions:

The lawful use of land, buildings, or structures existing when this chapter was adopted may be continued on the lot or in the structure, although the use may not conform to this chapter. Any such structure may be restored or repaired in the event of partial destruction thereof; provided, however, that no structure shall be enlarged, extended, relocated, converted to another use, or altered, except as permitted below:

Any nonconforming use, structure, or lot may be sold and continue to function in the same nonconforming manner.

Any structure on a nonconforming lot, or structure on a conforming lot which violates any yard requirements of this chapter, may have additions to the principal building or construct an accessory building without an appeal to the Planning Board, provided the total permitted building coverage is not exceeded and the accessory building or the addition to the principal building do not violate any other requirements of this chapter.

Location and access.

Size of off-street parking areas.

Size of off-street loading areas

Improvements to parking and loading areas.

Streets and sewerage. In cases in which a development has no direct access to a public street or a public sanitary sewer, and does not qualify for sewage disposal by individual sewage disposal systems, the Borough may grant plat approval, if the developer shall acquire, improve, and dedicate to the Borough such street or sanitary sewer connection between the development and an existing improved public street or sanitary sewer, as shall be approved by the Borough. The dedication thereof shall be subject to approval by the Borough Solicitor as to form.

Drainage improvements. In cases in which surface or other drainage waters are to be diverted from the proposed development into other drainage facilities, ditches, or stormwater systems, onto other lands, streets, or roadways, and it appears that such off-tract facilities are not adequate to accommodate the additional waters from the site of the applicant and the need for such additional, enlarged, or new facilities will not be an unreasonable burden upon the applicant, if solely borne by him, in light of the relationship of such costs to his entire project, the Borough may grant final approval if the developer shall acquire, improve, and dedicate to the Borough such enlarged, additional, or new drainage facilities. Said improvements shall meet the approval of the Borough Engineer and any dedication thereof shall be subject to approval of the Borough Solicitor as to form. In lieu of the developer's performing such off-tract drainage improvements, the developer and the Borough may enter into an agreement for such work to be performed by the Borough or its contractors at the cost of the developer.

Where the Borough shall determine that off-tract improvements would be essential to the development as set forth in Subsections A and B above, so that the development cannot proceed without said improvements being made as part of the development, and the developer does not make a request as set forth above, the application for development shall be denied, without prejudice to a future application at such time as the conditions which would make off-site and off-tract improvements essential no longer apply.

All public services shall be connected to an approved public utilities system where one exists.

New utility distribution lines and telephone lines to locations not presently served by utilities shall be placed underground.

All electric utility transmission lines shall be located within existing rights-of-way, on existing towers, or underground to the maximum extent practical.

The developer may be required to submit to the Borough, prior to the granting of final approval, a written statement from each utility company giving evidence of full compliance or intended full compliance with the provisions of this section.

Public utility uses, such as generating facilities, switching complexes, pumping stations, and substations which must be provided above ground shall be permitted, provided they adhere to the following standards:

Public and common facilities.

Private residential swimming pools. Private residential swimming pools shall be permitted, providing they meet the following standards:

General. For the purposes of this chapter, resource extraction includes dredging, digging, extraction, mining, and quarrying of sand, gravel, clay or ilmenite for commercial purposes, not including the private extraction or use of extracted material by a landowner.

Standards. No resource extraction shall occur in the Borough on a parcel of land less than 20 acres. Resource extraction, meeting this limitation, shall be subject to the requirements of N.J.A.C. 7:50-6.63 et seq. of the Pinelands Comprehensive Management Plan.

All storage areas, trash facilities, pits, lifts, and working areas shall be within a building. All lubrication, repair or similar activities shall be performed in an enclosed building and no dismantled parts shall be stored outside.

All gasoline pumps, air pumps, and the islands on which the pumps are located shall be set back from the street line at least 40 feet and from any property line at least 30 feet.

No junked motor vehicle or part thereof and no unregistered motor vehicle shall be permitted outside an enclosed service station building. No more than six motor vehicles may be located outside a service station building for a period not to exceed five days, provided the owners are awaiting the repair of said motor vehicles.

The exterior display and parking of equipment for rent or sale shall be permitted provided the area devoted to this purpose is in addition to the minimum lot size required for a service station, the area devoted to this purpose does not exceed 20% of the total area of the entire site, the maximum sign area for a service station is not exceeded, and the location of the equipment being rented or sold does not interfere with the required off-street parking requirements for service stations and does not interfere with the traffic circulation necessary for the service station.

The service station owner shall have every petroleum storage tank tested at installation for tank pressure and every five years thereafter, and submit a sworn statement to the Borough attesting that the tank is watertight, per the requirements of Section 6-805(C) of the Pinelands Comprehensive Management Plan.

In each subdivision or land development, street shade trees shall be provided by the developer along either side of each new street, as said streets are laid out and established, except where sufficient tree growth exists, no additional plantings shall be required.

Trees shall be planted a minimum distance of five feet inside the lot lines parallel to the right-of-way line. Trees shall be planted not less than 40 feet apart, nor more than 50 feet apart, and located so as not to interfere with vehicle or pedestrian traffic or the installation and maintenance of utilities.

All shade trees, to the maximum extent practicable, shall be a minimum size of one-and-one-half-inch to two-inch caliper, and of a species listed under § 285-88 of this chapter.

General requirements.

Sign requirements.

Signs not requiring a sign permit:

Prohibited signs. The following signs are specifically prohibited in all zones:

Nonconforming signs. It is the intent and purpose of this subsection to see that as soon as legally possible, all existing signs not conforming to the provisions of this section be eliminated or brought into conformity with the provisions of this section.

No building permit shall be issued for any development application until all provisions of the State of New Jersey Soil Erosion and Sediment Control Act, Chapter 251, P.L. 1975, have been satisfied or waived; and

Development applicants shall submit to the Borough Engineer copies and documentation of the approval and certification of the "Soil Erosion and Sediment Control Plan" by the Camden County Soil Conservation District, or proof of waiver of same.

In any zone permitting such an operation, use, or activity involving the manufacture, utilization, or storage of flammable, combustible, and/or explosive materials, such storage shall be conducted in accordance with the regulations promulgated by the New Jersey Department of Labor and Industry or the Fire Code of the National Fire Protection Association, whichever is more restrictive.[1]

All flammable, explosive and/or combustible materials shall be stored in accordance with the National Fire Protection Association's Fire Code or the regulations of the New Jersey Department of Labor and Industry, whichever is more restrictive.

All outdoor storage facilities for fuel, raw materials and products stored outdoors, wherever permitted, shall be enclosed by an approved safety fence and visual screen and shall conform with all yard requirements imposed upon the principal buildings in the zoning district.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance which can contaminate a stream or watercourse or otherwise render such stream or watercourse undesirable as a source of water supply or for recreation, or which will destroy aquatic life, be allowed to enter any stream or watercourse.

All materials or wastes which might cause dust or fumes or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in containers that are adequate to eliminate such hazards.

No hazardous or toxic substances, including hazardous wastes, shall be stored, transferred, processed, discharged, disposed or otherwise used in the Borough. The land application of waste or waste derived materials is prohibited in the Borough, except as expressly authorized in N.J.A.C. 7:50-6.79. Waste management facilities shall only be permitted in the Borough in accordance with the standards set forth in N.J.A.C. 7:50-6.

No person shall apply any herbicide to any road or public utility right-of-way within the Borough unless necessary to protect and adjacent agricultural activity.

No hazardous, toxic, chemical, petroleum (including oil spill pollutants), or nuclear waste shall be accepted for disposal, discharged, or disposed of on any land in the Borough, septic waste and liquid sludge may be applied only as part of a land application program for agricultural purposes, when approved by the New Jersey Department of Environmental Protection.

The use of the following substances is prohibited in the Borough to the extent that such use will result in direct or indirect introduction of the substances to any surface, groundwater or surface water, or any land:

The owners of commercial petroleum storage tanks shall comply with the requirements of Chapter 102 of the Laws of 1986.[2]

Applicability. All proposed development, defined by this chapter as either major subdivision or major site plan, or any construction or expansion of any commercial, industrial, or other nonresidential use or structure on a site which would add one or more acres of impervious surface, shall comply with the standards for stormwater management, contained in this section. All applications for development, as defined above, shall include a stormwater management plan in conformance with the standards contained in this section.

All development, as defined in Subsection A above, and not exempted in §§ 285-8C and 285-9 of this chapter, shall ensure that surface water runoff conforms with the following general standards:

Alternative to detention basins. Stormwater management standards need not be satisfied by detentions basins. The applicant may propose alternatives such as rooftop storage, tanking, infiltration pits, dry wells, gravel layers underneath paving, and clustering of development to alleviate runoff or maximize the amount of open land.

Specific standards for detention basins.

Submission requirements.

The arrangement of streets not shown on the Master Plan, and appropriate elements therein, or the Official Map, shall be such as to provide for the appropriate extension of existing streets;

Minor streets shall be so designed as to discourage through traffic;

Subdivisions abutting arterial streets shall provide a marginal service road or reverse frontage with a buffer strip for planting, or some other means of separation of through and local traffic;

The right-of-way width shall be measured from lot line to lot line and shall not be less than the following:

No subdivision showing reserve strips controlling access to streets shall be approved except where the control and disposal of land comprising such strips has been placed in the governing body, under conditions approved by the Planning Board;

Subdivisions that adjoin or include existing streets that do not conform to widths as shown in the Master Plan, and appropriate elements therein, or Official Map, or the street width requirements of this section, shall dedicate additional width along either one or both sides of said road. If the subdivision is along one side only, 1/2 of the required extra width shall be dedicated;

Grades of arterial and collector streets shall not exceed 4%. Grades on other streets shall not exceed 10%. No street shall have a minimum grade of less than 1/3 of 1%;

Street intersections shall be as nearly at right angles as is possible and in no case shall be less than 60°. The block corners at intersections shall be rounded at the curblines with a curve having a radius of not less than 10 feet;

Street jogs with center-line offsets of less than 125 feet shall be prohibited;

When connecting street lines deflect from each other at any one point by more than 10° and not more than 45°, they shall be connected by a curve with a radius of not less than 100 feet for minor streets and 300 feet for arterial and collector streets;

All changes in grade shall be connected by vertical curves of sufficient radius to provide a smooth transition and proper sight distance;

Dead-end or cul-de-sac streets shall not be longer than 600 feet and shall provide a turnaround at the end adequate to provide ingress and egress for fire-fighting equipment, or a radius of not less than 50 feet and tangent whenever possible to the right side of the street. If a dead-end street is of a temporary nature, a similar turnaround shall be provided and provisions made for future extension of the street and reversion of the excess right-of-way to the adjoining properties;

No street shall have a name which will duplicate or so nearly duplicate as to be confused with the names of existing streets. The continuation of an existing street shall have the same name; and

Street signs and sign posts shall be approved by the Borough on the advice of the Borough Engineer. The location of all street signs shall be approved by the Borough Engineer and shall be free of visual obstruction. There shall be at least two street signs furnished at each four-way intersection and one street sign at each "T" intersection.[1]

All clearing and soil disturbance activities shall be limited to that which is necessary to accommodate an activity, use or structure which is permitted by this chapter.

Where practical, all clearing and soil disturbance activities associated with an activity, use or structure, other than agriculture, forestry, and resource extraction, shall:

All applications for major development shall contain a landscaping or revegetation plan which incorporates the elements set forth in Subsection D below.

In order to conserve water, conserve natural features and reduce pollution from the use of fertilizers, pesticides and other soil supplements, all landscaping or revegetation plans prepared pursuant to Subsection C above or required pursuant to § 285-43 shall incorporate the following elements:

Development prohibited in the vicinity of threatened of endangered plants. No development shall be carried out by any person in the Pinelands Area unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of the Pinelands designated in N.J.A.C. 7:50-6.27.

Individual on-site septic wastewater treatment systems which are not intended to reduce the level of nitrate/nitrogen in the wastewater shall be permitted in the Borough, provided that:

Individual on-site septic wastewater treatment systems which are intended to reduce the level of nitrate/nitrogen in the wastewater shall be permitted in the Borough, provided that:

As soon as suitable septage disposal facility capacity is available, the owner shall, in accordance with N.J.S.A. 13:1E-1 et seq. and Section 201 of the Clean Water Act:

Alternate design pilot program treatment systems shall be permitted in the Borough, provided that:

All development permitted under this chapter shall be designed and carried out so that the quality of surface and groundwater shall be protected, and no development shall be permitted in the Borough which degrades surface and groundwater quality or which establishes new point sources of pollution. All development shall meet the minimum water quality standards and the potable water standards of the State of New Jersey or the United States.

The following point and nonpoint sources may be developed and operated in the Pinelands:

Where a public water supply system is to be provided in the Borough, the developer shall arrange for the construction of water mains in such a manner as to make adequate water service and fire protection available to each lot or dwelling unit within the development. The entire system shall be designed in accordance with all requirements and standards of this chapter and those of county and state agencies having authority and shall be subject to the approval of those agencies. The system shall be designed with adequate capacity and sustained pressure for current needs and anticipated future needs.

Where public water is not available, water shall be provided by the lot owner on an individual well basis. Such wells shall be designed in accordance with the requirements and standards of this chapter, including § 285-89A(5).

Interbasin transfer of water between watersheds shall be avoided to the maximum extent practical. In areas served by central sewers, water-saving devices such as water-saving toilets, showers and sink faucets shall be installed in all new development.

Water shall not be exported from the Pinelands except as otherwise provided in N.J.S.A. 58:1A-7.1.

Development restrictions within wetlands. Development shall be prohibited in all wetlands and wetlands transition areas within the Borough, except as otherwise specified in this section. Wetlands are identified in the Natural Resources Inventory of the Borough, as defined in N.J.A.C. 7:50-6.53 of the Pinelands Comprehensive Management Plan.

Development restrictions within 300 feet of wetlands. No development, except for those uses specifically authorized under Subsection A hereof, shall be carried out within 300 feet of any wetland, unless it has been demonstrated that the proposed development will not result in a significant adverse impact on the wetland, as set forth in Subsection C hereof.

Significant adverse impact.

No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building or any other lot.

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard providing the total area of all such porches, extending into the yard, does not exceed 1,000 square feet.

Driveways must be located facing the street compatible with adjacent properties. Driveways must have a concrete apron and be paved a minimum distance of 20 feet from the intersection with the street.

All lots are required to be seeded or otherwise planted with appropriate landscape materials consistent with § 285-88 as a condition of the issuance of a certificate of occupancy. If all landscape improvements are not completed at the time the C.O. is issued, the builder must provide a cash escrow or bond for the improvements.

A maximum clearing area of 15 feet around the perimeter of the house shall be established. Tree protection fencing shall be used to define the clearing limits.

In the event that a property under development is devoid of existing vegetation, a minimum of six indigenous trees should be planted on the property.

A minimum of eight foundation shrubs shall be planted along the front foundation of the house.

A lot grading plan shall be submitted to be reviewed and approved by the Borough Engineer prior to the issuance of a building permit. A minimum grade of 2% should be established from the house foundation to an acceptable storm sewer system or natural drainage path consistent with § 285-64.

New construction may not have a negative impact on the drainage of adjacent property.

Architectural drawings of the front elevation of the house consistent with § 285-95 should be submitted for review and approval prior to the issuance of a building permit.

Intent. All newly constructed and substantially rehabilitated (more than 50%) homes in all zones must meet the minimum design standards set forth in this chapter. The intent of the design minimums is to provide a varied streetscape and to ensure that inferior quality architecture does not have a negative impact on existing and emerging neighborhoods. To accomplish this, the design standards set forth parameters for building mass and form and building variation requirements. The Planning Board or the Board's designated professional shall review building elevations prior to final subdivision or site plan approval. In the case of a single dwelling that does not require a subdivision or site plan approval, the Borough Construction Official or Borough Architect will review the plans for compliance. The design standards in this section are not exhaustive of all design possibilities, therefore, an applicant may submit a design incorporating elements not listed herein for review.

Residential building variation. In order to prevent monotony and to eliminate the reuse of identical buildings in close proximity of one another is discouraged.

Residential design minimums. The menu of architectural elements that follows shall be used as a design guide to assist the developer, applicant or builder in meeting the minimum standards for the design of residential buildings. It is recommended that a builder or developer submit a front elevation design for conceptual review by the Planning Board prior to investing in full plan design. The plans should be consistent with one of the three architectural menus. Styles other than those presented below will be entertained by the Planning Board, but must comply with the spirit and intent of the design standards.

Commercial building design. Proposed architectural renderings for commercial, institutional and industrial buildings must be submitted to the Planning Board for review prior to final approval. Facades must be appealing with architectural variation and attention to detail.

Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Borough of Chesilhurst, and recognizing at the same time that some uses can be or can become inimical to the public health, safety and general welfare if located and operated without proper consideration given to existing conditions and character of the surrounding area, such uses are differentiated from permitted uses and prohibited uses by this section and are referred to as "conditional uses" as authorized by N.J.S.A. 40:55D-67.

It shall be the applicant's responsibility to demonstrate to the reviewing Board that the design, arrangement, and nature of the particular use as supported by the development plans and supporting documentation is such that the public health, safety and welfare will be protected and that the following conditions are met: