[Added 8-18-2021 by Ord. No. 06-2021]
[1]
Editor’s Note: Former Part 10, Woodlands Protection,
added 11-29-2006 by Ord. No. 22-2006, as amended, was repealed 8-27-2014
by Ord. No. 11-2014.
As used in this article, the following terms shall have the
meanings indicated:
An entity located in New Jersey that, on the effective date
of P.L. 2019, c. 153 (N.J.S.A. 24:61-5.1 et al.), has an addiction
medicine faculty practice or is in the same health care system as
another facility located in New Jersey that offers outpatient medical
detoxification services or inpatient treatment services for substance
use disorder; has a pain management faculty practice or a facility-based
pain management service located in New Jersey; has graduate medical
training programs accredited, or pending accreditation, by the Accreditation
Council for Graduate Medical Education or the American Osteopathic
Association in primary care and medical specialties; is the principal
teaching affiliate of a medical school based in the state; and has
the ability to conduct research related to medical cannabis. If the
entity is part of a system of health care facilities, the entity shall
not qualify as an academic medical center unless the health care system
is principally located within the state.
Collectively refers to NJCUMA and NJCREAMMA.
NJCUMAThe New Jersey Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq.
NJCREAMMAThe New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16);[1] legalizes personal use cannabis for certain adults, subject
to state regulation; decriminalizes small amount marijuana and hashish
possession; removes marijuana as Schedule I drug.
An organization authorized through licensure issued by the
NJ State Department of Health and the Board of Medical Examiners to
perform activities necessary to provide registered qualifying patients
with usable cannabis and related paraphernalia in accordance with
the provisions of the CUMA. Cultivation and manufacturing, unless
within the same structure or property as a dispensary, shall be treated
as a separate zoning use category though it may be part of the license
issued by the state for a single entity. No adult use cannabis business-related
activities may take place within an ATC dispensary unless granted
a zoning permit by the Township Zoning Official.
The definition given to Cannabis sativa L, whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured for use in cannabis products as set forth in the NJ CREAMMA, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et al.) as long as said hemp does not contain more than the state and/or federal allowable limits of Delta-8-Tetrahydrocannabinol or Delta-9-Tetrahydrocannabinol, the compound commonly known as "THC."
An organization issued a license by the Commission to operate
as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
or cannabis dispensary. While it may have a component that administers
medical cannabis to qualifying patients, it is open to adult use of
cannabis for persons 21 years and older.
A designated location operated by a licensed cannabis retailer
or permit holder for dispensing medical cannabis, for which both a
state and local endorsement has been obtained, that is either:
An indoor, structurally enclosed area of the cannabis retailer
or permit holder that is separate from the area in which retail sales
of cannabis items or the dispensing of medical cannabis occurs; or
An exterior structure on the same premises as the cannabis retailer
or permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
A building, structure, or premises used for the cultivation
or storage of cannabis. Includes the planting, propagating, cultivation,
growing, harvesting, labeling or manufacturing, compounding and storing
of cannabis for the limited purpose of this chapter. A cultivation
center may be physically separate and off-site from the associated
licensee's cannabis dispensary. When connected to, or part of, the
same property by which an ATC dispenses from, it is considered part
of the ATC or dispensary.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which, after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer. This person or entity shall hold a Class 6 cannabis
delivery license.
A retail facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides cannabis to persons
21 years and older. While it may administer medical cannabis to qualifying
patients, it is open to adult use.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities. This person or entity shall hold a Class 4 cannabis distributor
license.
Facility involved with compounding, making, and processing
of medical cannabis in all forms including those that involve food
handling.
A person or entity licensed as a cannabis cultivator, cannabis
manufacturer, cannabis wholesaler, cannabis distributor, cannabis
retailer, or cannabis delivery service that may only, with respect
to its business operations, and capacity and quantity of product:
Employ no more than 10 to 15 employees;
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and, in the case of a cannabis cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
Possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for transportation
shall not be subject to this limit;
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis, or the equivalent amount
in any form of manufactured cannabis product or cannabis resin, or
any combination thereof; and
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis, or the equivalent
amount in any form of manufactured cannabis product or cannabis resin,
or any combination thereof.
An entity that provides educational curriculum for business,
medical, political, legal, accounting and operations professionals
in the emerging cannabis industry. A training facility may, but is
not required to, hold any license to sell, cultivate, or manufacture
cannabis.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers and may transport cannabis
items for the purpose of resale or other transfer to either another
cannabis wholesaler or to a cannabis retailer, but not to consumers.
This person or entity shall hold a Class 3 cannabis wholesaler license.
Institutional or designated caregiver, as defined in the
Act, who is authorized to assist with a registered qualifying patient's
medical use of cannabis.
The New Jersey Medical Marijuana Program identification card,
which identifies registered caregivers under the Act.
An entity that has a written contractual relationship with
an academic medical center in the region in which it has its principal
place of business, which includes provisions whereby the parties will
engage in clinical research related to the use of medical cannabis
and the academic medical center or its affiliate will provide advice
to the entity regarding patient health and safety, medical applications,
and dispensing and managing controlled dangerous substances, among
other areas.
A variety of the Cannabis sativa plant species that is grown
specifically for industrial use. It can be used to make a wide range
of products, including paper, rope, textiles, clothing, biodegradable
plastics, paint, insulation, biofuel, food, and animal feed. Regulated
through the USDA, the allowable amount of total THC may not exceed
0.3% at harvest.
An organization issued a permit by the permitting authority
that authorizes the organization to possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers and dispensaries, as well as
to plant, cultivate, grow, and harvest medical cannabis for research
purposes. For the purposes of zoning, this shall include the building,
structure, or premises used for the cultivation or storage of medical
cannabis. A cultivation center may be physically separate and off-site
from an associated medical cannabis dispensary. When connected to,
or part of, the same property as a medical cannabis dispensary, the
cultivation center shall be considered part of the medical cannabis
dispensary.
An organization issued a permit by the permitting authority
that authorizes the organization to purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver consistent with the requirements of the Act; and possess,
display, deliver, transfer, transport, distribute, supply, sell, and
dispense medical cannabis, medical cannabis products, paraphernalia,
and related supplies to qualifying patients, designated caregivers,
and institutional caregivers. For the purposes of zoning, this shall
include the building, structure, or premises used for the dispensing
of medical cannabis. No adult use cannabis business-related activities
may take place within an ATC dispensary unless granted a zoning permit
by the Township Zoning Official.
An organization issued a permit by the permitting authority
that authorizes the organization to purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator; purchase
or obtain medical cannabis products from another medical cannabis
manufacturer; produce, manufacture, or otherwise create medical cannabis
products; and possess, deliver, transfer, transport, distribute, supply,
and sell medical cannabis products and related supplies to other medical
cannabis manufacturers and dispensaries. For the purposes of zoning,
this shall include the building, structure, or premises used for the
manufacturing of medical cannabis products.
The acquisition, possession, transport or use of cannabis
or paraphernalia by a registered qualifying patient as authorized
by the CUMA.
The New Jersey Medical Marijuana Program identification card,
which identifies registered qualifying patients under the Act.
The definition as provided in N.J.S.A. 2C:36-1.
The documents issued by the permitting authority pursuant
to the Act and local ordinance granting the legal right to operate
as a cannabis business.
The entity responsible for the regulation and enforcement
of activities associated with the production and/or sale of cannabis.
This shall include the New Jersey Department of Health and the Cannabis
Regulatory Commission, established pursuant to section 31 of P.L.
2019, c. 153 (N.J.S.A. 24:6I-24), which shall assume all powers, duties,
and responsibilities with regard to the regulation and oversight of
activities authorized pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1
et al.) from the Department of Health for the further development,
expansion, regulation, and enforcement of activities associated with
the medical use of cannabis pursuant to P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et al.). This shall also include any Township Cannabis Committee
or entity set up for the review and local licensing of cannabis businesses.
A resident of the State of New Jersey who has been authorized
for medical use of cannabis by a health care practitioner, and who
has been registered by the permitting authority as a registered qualifying
patient.
The dried leaves, flowers, stems, and stalks of a Cannabis
sativa plant, including any mixture manufactured as a tincture, ointment,
or salve, or products prepared for oral digestion, but does not include
the seed or roots of the plant.
The co-location or combination of the following activities
related to the production of usable medical cannabis for qualifying
patients within a single corporate entity: cultivation, manufacturing,
and dispensing. NJCREAMMA does not permit vertically integrated cannabis
facilities with regard to adult use cannabis.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
A.
No cannabis dispensary shall be located within 1,500 feet from any
other cannabis dispensary, excluding alternative treatment centers
and medical cannabis dispensaries only selling medical cannabis, which
shall be generally measured from the subject property line to property
line.
(1)
Standalone cultivation centers and manufacturing facilities
are not included within this prohibition as long as the secured facility
does not contain a cannabis dispensary or have public access.
B.
The number of cannabis businesses located within the Township shall
be limited as follows:
(1)
No more than two cannabis cultivation centers; two microbusiness
cannabis cultivators; and two cannabis dispensaries shall be located
within the Township.
[Amended 12-7-2022 by Ord. No. 08-2022]
(2)
There shall be no limit on the number of cannabis manufacturing
facilities or cannabis wholesalers.
[Amended 12-7-2022 by Ord. No. 08-2022]
(3)
There shall be no limit on the number of medical cannabis dispensaries,
alternative treatment centers, or vertically integrated medical cannabis
facilities.
C.
In the event more than one land use application for a cannabis dispensary,
cultivation center or manufacturing facility of the same classification
are submitted to the Township in close proximity to one another, and
if the applications comply with all the requirements of this chapter
and the Act, the Township is not permitted to approve all of the applications
because of the limitations set forth in this subsection. The Township
shall first review for approval the application that was first submitted
and determined to be a complete and compliant application by the Township
Planner or Zoning Officer.
Cannabis establishments and businesses shall be prohibited in all zoning districts within the Township unless specifically permitted herein. Cannabis establishments as set forth below shall be permitted as conditional uses in certain zones. The purpose of this article is to set forth the requirements and procedures applicable to permitting certain cannabis facilities as conditional uses, in accordance with N.J.S.A. 40:55D-67. Such uses may be permitted when authorized as a conditional use by the Planning Board, including site plan approval and (if necessary) a conditional use variance approval by the Zoning Board pursuant to N.J.S.A. 40:55D-70(d)(3). Cannabis establishments shall comply with additional requirements set forth in §§ 109-267 to 109-273.7 below. Nothing herein shall prohibit the Township from adopting a redevelopment plan permitting any type of cannabis establishment in a designated redevelopment area.
A.
Cannabis dispensaries/retailers.
(2)
Cannabis dispensaries are permitted subject to the following
criteria:
(a)
Adherence to the site design standards of the Township Land
Development Ordinance and redevelopment plans through a review by
the Zoning Official and the Township Planning Board when applicable.
[Amended 12-7-2022 by Ord. No. 08-2022]
(b)
Issuance of zoning permit and site plan approval.
[Amended 12-7-2022 by Ord. No. 08-2022]
(c)
Cannabis dispensaries shall not be located within a drug-free
school zone (i.e., within 1,000 feet of school property used for school
purposes which is owned by or leased to any elementary or secondary
school or school board).
(d)
Dispensaries shall limit their hours of operation from 8:00
a.m. to 10:00 p.m., Monday to Sunday, or as otherwise provided for
within a special use permit.
(e)
Cannabis dispensaries shall not be located within 1,500 feet
of another cannabis dispensary.
B.
Alternative treatment centers and medical cannabis dispensaries.
(2)
ATCs and medical cannabis dispensaries are permitted subject
to the following criteria:
(a)
Adherence to the site design standards of the Township Land
Development Ordinance through a review by the Zoning Official and
the Township Planning Board when applicable. The look and design of
such facility shall be in keeping with the agricultural nature of
the region.
[Amended 12-7-2022 by Ord. No. 08-2022]
(b)
Issuance of zoning permit and site plan approval.
[Amended 12-7-2022 by Ord. No. 08-2022]
(c)
ATCs/medical dispensaries may be permitted within a drug-free
school zone; however, if placed within said zone, signage which advertises
the business and/or directs the public toward the business and/or
promotes consumption of cannabis products is prohibited.
(d)
Medical dispensaries may only sell usable cannabis-related product
to individuals with an active MMP identification card or categiver
identification card.
C.
Vertically integrated medical cannabis facilities.
(1)
Vertically integrated operations proposing to have cultivation,
manufacturing, and dispensing of medical cannabis within the same
facility shall be permitted as a conditional use within the following
zones in accordance with this chapter. In no event shall a vertically
integrated facility that cultivates, manufactures, and dispenses nonmedical,
recreational cannabis be permitted without amendment to this chapter.
(2)
Vertically integrated cannabis facilities are permitted subject
to the following criteria:
(a)
Adherence to the site design standards of the Township Land
Development Ordinance through a review by the Zoning Official and
the Township Planning Board when applicable, is required. The look
and design of such facility shall be in keeping with the agricultural
nature of the region.
[Amended 11-17-2021 by Ord. No. 10-2021]
(b)
The property must have frontage along a major roadway, which,
for the purposes of this chapter, shall mean Route 31, Route 179,
Route 29, or Route 518.
(c)
The retail component must be located on the major roadway frontage.
(d)
Issuance of zoning permit and site plan approval is required.
(e)
If a medical dispensary is co-located with a medical cultivation
center, the area of the proposed premises utilized for cultivation
shall be physically separated from the area of the premises utilized
for the dispensing of medical cannabis and open to the public or to
patients. Walls, barriers, locks, signage and other means shall be
employed to prevent the public or patients from entering the area
of the premises utilized for cultivation of medical cannabis.
D.
Cannabis cultivation centers.
(2)
Cannabis cultivation centers shall be permitted subject to the
following criteria:
[Amended 11-17-2021 by Ord. No. 10-2021; 12-7-2022 by Ord. No. 08-2022]
(a)
Adherence to the site design standards of the Township Land
Development Ordinance, through a review by the Zoning Official and
the Township Planning Board when applicable. The look and design of
such facility shall be in keeping with the agricultural nature of
the region.
(b)
In compliance with Section 37(b) of the NJCREAMMA,[1] cultivation centers are not permitted on land that is
valued, assessed or taxed as an agricultural or horticultural use
pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48
(N.J.S.A. 54:4-23.1 et seq.).
[1]
Editor's Note: See N.J.S.A. 24:6I-49.
(c)
Issuance of zoning permit and site plan approval is required.
(d)
Cultivation centers shall not be located immediately adjacent
to school property used for school purposes which is owned by or leased
to any elementary or secondary school or school board.
(e)
The applicant shall provide a water conservation plan, describing
the water-conserving features of proposed cannabis operation. These
features may include, but are not limited to, the following: 1) evaporative
barriers on exposed soils and pots; 2) rainwater capture and reuse;
3) recirculated irrigation water (zero waste); 4) timed drip irrigation;
5) soil moisture monitors; and 6) the use of recycled water.
(f)
The applicant shall provide a stormwater management plan that
satisfies all New Jersey Department of Environmental Protection and
Township stormwater control standards.
(g)
The applicant shall provide a traffic projection and management
plan.
(h)
Landscape screening must be installed to prevent public view
of structures from all roadways and adjoining parcels.
(i)
Cultivation centers must design the growing facilities within
greenhouses to maximize solar energy use and to minimize the use of
other energy sources, and the licensee shall be required to maintain
the design of the buildings on site in accordance with the plans approved
by the Township Planning Board.
(j)
Secured in accordance with all applicable provisions as defined in the Act and outlined in Subsection G below.
(k)
No signage other than directional or discrete building identification
shall be permitted. Signage shall remain innocuous and part of the
general directional signage typically found in industrial manufacturing
facilities. Facade signs will be limited to those at the point of
entry to the facility and may not be more than six square feet.
(l)
Unusual odors, smells, fragrances, or other olfactory stimulants
shall be prohibited. Odor control is required and shall prevent all
odors generated from the cultivation and storage of cannabis from
escaping from the buildings on the site, such that the odor cannot
be detected by a reasonable person of normal sensitivity within 25
feet of the buildings. The air treatment system shall have sufficient
odor-absorbing filtration systems utilizing carbon filters, or similar
filtration media, and ventilation and exhaust systems to eliminate
cannabis odors emanating from the interior of the premises, such that
any odor generated inside the facility is not detectable by a person
of reasonable sensitivity within 25 feet of the buildings. Odor mitigation
filtration systems must be installed and maintained in perfect working
order.
(m)
All interior and outdoor lighting shall be shielded through the use
of best available technology to prevent light trespass into the night
sky and glare onto adjoining parcels or rights-of-way. Light pollution,
glare or brightness resulting from glow lamps must be 0.5 candlepower
or less at the property line.
(n)
Noise beyond the decibel level permitted by state statutes shall
be prohibited. Any generator used in cultivation shall be housed in
a noise-minimizing enclosure set back at least 75 feet from the property
line and shall conform with all applicable state noise statutes.
(o)
The cultivation of cannabis must be conducted indoors and shall not
be permitted on exterior portions of a lot, unless under special permit
for the cultivation of hemp that is in conformance with the Federal
Agriculture Improvement Act of 2018 (2018 Farm Bill). The cultivation
of cannabis within a building or unit must not be perceptible from
the exterior of the building or unit from a street or residential
use.
E.
Cannabis manufacturing facilities.
(2)
Cannabis manufacturing facilities shall be permitted subject
to the following criteria:
(a)
Adherence to the site design standards of the Township Land
Development Ordinance through a review by the Zoning Official and
the Township Planning Board when applicable. The look and design of
such facility shall be in keeping with the agricultural nature of
the region.
[Amended 11-17-2021 by Ord. No. 10-2021; 12-7-2022 by Ord. No. 08-2022]
(b)
In compliance with Section 37(b) of the NJCREAMMA,[2] manufacturing facilities are not permitted on land that
is valued, assessed or taxed as an agricultural or horticultural use
pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48
(N.J.S.A. 54:4-23.1 et seq.).
[2]
Editor's Note: See N.J.S.A. 24:6I-49.
(c)
Manufacturing facilities shall not be located immediately adjacent
to school property used for school purposes which is owned by or leased
to any elementary or secondary school or school board.
(d)
Secured in accordance with all applicable provisions as defined in the Act and outlined in § 109-270 below.
(e)
No signage other than directional or discrete building identification
shall be permitted. Signage shall remain innocuous and part of the
general directional signage typically found in industrial facilities.
Facade signs will be limited to those at the point of entry to the
facility and may not be more than six square feet.
(f)
Unusual odors, smells, fragrances or other olfactory stimulants
shall be prohibited. Odor mitigation filtration systems must be installed
and maintained in perfect working order.
(g)
Light pollution, glare or brightness resulting from glow lamps
must be 0.5 candlepower or less at the property line.
[Amended 12-7-2022 by Ord. No. 08-2022]
(h)
Noise beyond the decibel level permitted by state noise statutes
shall be prohibited.
[Amended 12-7-2022 by Ord. No. 08-2022]
(i)
The possession of cannabis within a building or unit must not
be perceptible from the exterior of the building or unit from a street
or residential use.
F.
Cannabis distributors and wholesalers.
(1)
Distribution and wholesaling facilities shall be permitted as
a conditional use in the following zones in accordance with this chapter:
(a)
Adherence to the site design standards of the Township Land
Development Ordinance through a review by the Zoning Official and
the Township Planning Board when applicable.
[Amended 12-7-2022 by Ord. No. 08-2022]
(b)
Distribution and wholesaling facilities shall not be located
immediately adjacent to school property used for school purposes which
is owned by or leased to any elementary or secondary school or school
board.
(c)
Secured in accordance with all applicable provisions as defined in the Act and outlined in § 109-270 below.
(d)
No signage other than directional or discrete building identification
shall be permitted. Signage shall remain innocuous and part of the
general directional signage typically found in industrial facilities.
Facade signs will be limited to those at the point of entry to the
facility and may not be more than six square feet.
(e)
Unusual odors, smells, fragrances or other olfactory stimulants
shall be prohibited. Odor mitigation filtration systems must be installed
and maintained in perfect working order.
(f)
The possession of cannabis within a building or unit must not
be perceptible from the exterior of the building or unit from a street
or residential use.
G.
Micro cannabis cultivation.
[Added 11-17-2021 by Ord.
No. 10-2021[3]]
(2)
Micro cannabis cultivation facilities shall be permitted subject
to the following criteria:
(a)
A minimum lot size of eight acres.
(b)
Adherence to the site design standards of the Township Land
Development Ordinance through a review by the Zoning Official, and
the Township Planning Board when applicable, is required. The look
and design of such facility shall be in keeping with the agricultural
nature of the region.
(c)
In compliance with Section 37(b) of the NJCREAMMA[4], cultivation centers are not permitted on land that is
valued, assessed or taxed as an agricultural or horticultural use
pursuant to the "Farmland Assessment Act of 1964," P.L. 1964, c. 48
(N.J.S.A. 54:4-23.1 et seq.).
[4]
Editor's Note: See N.J.S.A. 24:6I-49.
(d)
Issuance of zoning permit and site plan approval is required.
(e)
Micro cultivation facilities shall not be located immediately
adjacent to school property used for school purposes which is owned
by or leased to any elementary or secondary school or school board.
(f)
Secured in accordance with all applicable provisions as defined in the Act and outlined in § 109-270 below.
(g)
No signage other than directional or discrete building identification
shall be permitted. Signage shall remain innocuous and part of the
general directional signage typically found in industrial manufacturing
facilities. Facade signs will be limited to those at the point of
entry to the facility and may not be more than six square feet.
(h)
Unusual odors, smells, fragrances or other olfactory stimulants
shall be prohibited. Odor mitigation filtration systems must be installed
and maintained in perfect working order.
(i)
Light pollution, glare or brightness resulting from glow lamps
must be 0.5 candle or less at the property line.
(j)
Noise beyond the decibel level permitted by Township noise ordinances
shall be prohibited.
(k)
The cultivation of cannabis must be conducted indoors and shall
not be permitted on exterior portions of a lot, unless under special
permit for the cultivation of hemp that is in conformance with the
Federal Agriculture Improvement Act of 2018 (2018 Farm Bill). The
cultivation of cannabis within a building or unit must not be perceptible
from the exterior of the building or unit from a street or residential
use.
H.
Cannabis delivery service. Nothing herein shall prohibit the delivery
of cannabis within the Township to consumers by a properly license
cannabis delivery service. To the extent a cannabis delivery service
shall store cannabis products for future delivery, such use shall
be permitted as a conditional use in the LI District subject to the
same conditions as a cannabis distributor or wholesaler.
I.
Microbusinesses. Microbusinesses are permitted as conditional uses
within any area where cannabis businesses are permitted within the
Township according to their use category (i.e., dispensary, cultivation,
or manufacturing) and subject to the same criteria to manage noise,
odor, effluent, water usage, et cetera, as their relevant use category.
[Amended 12-7-2022 by Ord. No. 08-2022]
Cannabis products may be transferred or delivered, consistent
with the requirements of the Act. Mobile facilities shall not be permitted
unless expressly authorized under the Act or permitted by the permitting
authority, and approved by special permit by the Township.
A person may vertically integrate a medical dispensary, medical
cultivation center and medical manufacturing facility permitted by
this article at a single location as long as it is in full compliance
with the requirements of the Act and the Township Land Development
Ordinances. Multiple licenses by different operators are not permitted
unless part of an academic medical center and/or licensed job training
facility.
A.
Samples of cannabis products offered for sale may be displayed on
shelves, counters and display cases. All bulk cannabis products shall
be locked within a separate vault or safe, with no other items in
the safe, securely fastened to a wall or floor, as coordinated with
the West Amwell Township Police Department and allowable under permitting
authority regulations and state legislation.
B.
Dispensaries may sell "cannabis paraphernalia" as that term is defined
in this article.
C.
Signage.
(1)
External signage, including window signage, must be limited
to text identifying the business and the logo for the business, provided
that said logo does not include a cannabis plant leaf and/or outward
glorification of cannabis consumption.
(2)
All other Township sign regulations must be complied with.
D.
Outside generators and other mechanical equipment used for any kind
of power supply, cooling or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution.
F.
In the event of a conflict between the Township bulk standards and
the Act or the permitting authority's regulations, the Township shall
consider the pertinent statute or regulation as justification of any
variance and/or design waiver.
A.
Surveillance system.
(1)
Cannabis establishments shall be monitored at all times by closed-circuit
television surveillance system. Security cameras shall be in use 24
hours per day, seven days per week, and shall cover all cannabis dispensing
areas, storage areas, all doors and windows with access into the cannabis
establishment, parking areas, if applicable, and any other areas not
mentioned if deemed necessary by the Chief of Police or his/her designee.
The surveillance system must be capable of providing surveillance
of both interior and exterior areas of the cannabis establishment
and must be of adequate quality, color rendition and resolution to
allow the ready identification of an individual on or adjacent to
the site.
(2)
The security cameras must be internet protocol (IP) cameras
capable of providing real-time footage over the internet. Operators
must provide the West Amwell Township Police Department with access
to this real-time camera footage in case of an emergency.
(3)
The recordings shall be maintained at the cannabis operation
for a period of not less than 30 days and shall be provided to the
Township Police Department within 24 hours of a written request from
the Police Department for any recordings.
B.
Outside areas of the premises and the perimeter shall be well lit
and all doors equipped with motion-sensored lights.
C.
The West Amwell Township Police Department shall be provided the
name and phone number of a staff person to notify during suspicious
activity during or after operating hours.
D.
Security staff is required on the premises during all hours of operation.
E.
The premises must only be accessed by authorized personnel and free
of loitering.
F.
All cultivation of cannabis shall take place in an enclosed, locked
facility.
G.
Storage of currency. All currency over $1,000 shall be stored within
a separate vault or safe, not used for the storage of medical cannabis,
securely fastened to a wall or floor, as approved by the West Amwell
Township Police Department.
H.
Cannabis establishments shall comply with all security requirements
as established by state law and regulations, as they may be updated
from time to time.
Cannabis plants, products, accessories, and associated paraphernalia
contained in any cannabis business shall not be visible from a public
sidewalk, public street or right-of-way, or any other public place.
On-site storage of usable cannabis shall comply with 21 CFR 1301.72.
No fermented malt beverages and no alcoholic beverages shall
be kept, served or consumed on the premises of a cannabis business.
All products and accessories shall be stored completely indoors
and on-site in accordance with the Act and the permitting authority
regulations.
No consumption or smoking of any cannabis products shall be
allowed or permitted on the premises or adjacent grounds of a cannabis
business unless specially permitted through a consumption area permit
as part of a licensed dispensary. Cannabis consumption areas shall
be permitted subject to the following conditions:
A.
No cannabis dispensary shall be permitted to operate a consumption
area within 200 feet of any exclusively single-family residential
zoning district of the Township (i.e., the RR-6 Rural Residential
Southern District Zone, RR-5 Rural Residential Central District Zone,
RR-4 Rural Residential Northern District Zone, R1-A Special Medium
Density Residential Zone, R-9 High Density Residential Zone) or an
exclusively single-family residential zoning district of any adjacent
municipality.
B.
If cannabis will be consumed by smoking or vaping, the cannabis dispensary
must comply with the New Jersey Smoke-Free Air Act (N.J.S.A. 26:3D-55
et seq.) and associated regulations (N.J.A.C. 8:6-1.1 et seq.).
C.
Only cannabis items purchased on-site at the cannabis dispensary
shall be consumed within the consumption area.
D.
The cannabis dispensary must possess a valid consumption area endorsement
from the State of New Jersey pursuant to the NJCREAMMA.
E.
Each licensed cannabis dispensary may operate only one cannabis consumption
area.
F.
The cannabis consumption area shall comply with the definition set
forth herein and be either:
A.
Sufficient measures and means of preventing smoke, odors, debris,
dust, fluids and other substances from exiting the cannabis business
premises shall be provided at all times. In the event that any debris,
dust, fluids or other substances shall exit the business premises,
the property owner and operator shall be jointly and severally responsible
for the full cleanup immediately.
B.
Businesses shall properly dispose of all materials and other substances
in a safe and sanitary manner in accordance with state regulations.
C.
As applicable, cannabis businesses shall be equipped with ventilation
systems with carbon filters sufficient in type and capacity to eliminate
cannabis odors emanating from the interior to the exterior of the
premises discernible by reasonable persons. The ventilation system
must be inspected and approved by the Construction Official.
D.
If carbon dioxide will be used in any cultivation area, sufficient
physical barriers or a negative air pressure system shall be in place
to prevent carbon dioxide from moving into the ambient air, into other
units in the same building or into an adjacent building in a concentration
that would be harmful to any person, including persons with respiratory
disease and shall be inspected and approved by the Construction Official
and the Fire Marshal.
E.
All state regulations concerning ventilation systems shall be followed.
Any cannabis business and the adjacent grounds of the cannabis
business shall comply with all zoning, health, building, fire, and
other codes and ordinances of the Township as shown by completed inspections
and approvals by the Township Planner, Construction Division, Fire
Safety Division, and the Township Health Department, if applicable.
The premises of a cannabis business, and any adjacent grounds
thereto, shall be operated in a manner that does not cause any substantial
harm to the public health, safety and welfare.
At the time a site plan approval is granted, amended, or a major
change to a cannabis business is approved, the Township may impose
on the applicant any condition related to the proposed use that is
reasonably necessary to protect the public health, safety or welfare,
not inconsistent with the permitting authority requirements, including
but not limited to the following:
A.
Additional security requirements.
B.
Limits and requirements on parking and traffic flows.
C.
Requirements for walls, doors, windows, locks and fences on the premises
and adjacent grounds.
D.
Limits on cannabis products that may be sold.
E.
Requirements and limits on ventilation and lighting.
F.
Limits on noise inside the licensed premises or on the adjacent grounds.
G.
Prohibitions on certain conduct in the cannabis business.
H.
Limits on hours of operation.
Any violation of the provisions of this article, or the conditions
of the zoning permit granted, by a cannabis business shall be punishable
by a civil fine of up to $1,000. Each day that a violation is committed,
exists or continues shall be deemed a separate and distinct offense.
In addition, any violation of the provisions of this article or any
conditions imposed by the zoning permit may result in the revocation
of the zoning permit.
To the extent any provisions of the Township redevelopment plans,
zoning and site plan standards conflict with this article, the provisions
and standards of this article shall control.
