Except as otherwise provided, the following provisions of this
article shall apply.
[Added 6-21-2021 by Ord. No. 21-18]
A. Purpose. Pursuant to Section 31b of the New Jersey Cannabis Regulatory,
Enforcement Assistance and Marketplace Modernization Act (P.L. 2021,
c. 16), N.J.S.A. 24:6I-45b, all classes of cannabis establishments,
including without limitation, a cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis retailer, a cannabis distributor
and cannabis delivery service, but not the delivery of cannabis items
and related supplies by a delivery service which is not located within
the Township, are hereby prohibited from operating within the Township
of Clark.
B. Definitions. As used in this chapter, all classes of cannabis establishments,
including without limitation, a cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis retailer, a cannabis distributor
and a cannabis delivery service, shall have the meanings as defined
in Section 3 of P.L. 2021, c. 16, N.J.S.A. 24:6I-33, et seq.
C. General prohibition. All classes of cannabis establishments, including,
without limitation, a cannabis cultivator, a cannabis manufacturer,
a cannabis wholesaler, a cannabis retailer, a cannabis distributor
and a cannabis delivery service, but not the delivery of cannabis
items and related supplies by a delivery service which is not located
within the Township, as said items are defined in Section 3 of P.L.
2021, c. 16, N.J.S.A. 24:6I-33, et seq., are hereby declared to be
prohibited uses or activities within the Township of Clark.
D. Fines and penalties. Upon conviction by a court of competent jurisdiction, including without limitation, the Municipal Court, of a violation or violations of this section, such court shall be authorized to impose such fines and penalties as are authorized by law, including but not limited to, such fines and penalties as are authorized under any applicable state statute, under Chapter I, Article
III, General Penalty, of these ordinances, or under any other Township ordinance as, in its discretion, such court deems warranted; provided that the court may impose the maximum penalty provided under Chapter I, Article
III, §
1-21, but in no event shall such penalty be less than the minimum penalty prescribed by Chapter I, Article
III, §
1-22, and the court shall treat each and every day in which a violation exists as a separate violation pursuant to Chapter I, Article
III, §
1-25. The Township, by and through the Township Attorney, also shall be entitled to institute an action in Superior Court of New Jersey to enjoin and restrain conduct which is found to violate this section. Such fines, penalties and rights shall be cumulative, in addition to, and not in limitation of, any and all fines, penalties and rights available to the Township at law or in equity.
In all districts where front yards are required on corner lots,
all walls, fences, ornamental structures, hedges, shrubbery or other
plantings, other fixtures and structures, and ground elevation located
within a triangular area having two twenty-five-foot sides measured
along the front lot line and side street line from the intersection
point of such lines shall be limited in height so as to prevent the
impairment of vision at such street intersection. Such height shall
not be in excess of three feet above the established curb elevation
of the nearest curb, except that retaining walls shall be permitted
where changes in street grade, width, or alignment have made such
structures necessary. In the case of trees within this triangular
area, all branches shall be trimmed away to a height of nine feet
above the curb level where vision is measurably impaired or obstructed.
[Amended 8-11-2004 by Ord. No. 04-11]
A. Fences and walls shall be exempt from the yard requirements of this
Part 3.
B. Where any fence or wall is situated on a corner lot, the provisions of §
195-119 shall apply with respect to the height limitations for visibility clearance at street intersections.
C. No fence or wall hereafter erected, constructed or added to that
is situated between two abutting residential properties shall be any
greater in height than 6 1/2 feet, measured from the finished
grade elevation along the length of such wall or fence.
D. In the case of a residential corner lot, a fence or wall of any type not greater than 6.5 feet in height may be permitted to extend along the right-of-way where such wall or fence encloses the yard area of a home located on a corner lot, providing that the conditions of §
195-119 are also met and that no such fence shall be allowed beyond a parallel line extended from the front facing side of the home to the right-of-way.
[Amended 8-18-2014 by Ord. No. 14-22]
E. Nothing in this section shall apply to shrubbery, hedges or other
plantings located between such properties.
F. Open security fences up to eight feet high shall be permitted in
any industrial zone upon proper application to the Construction Code
Official.
G. The face, or finished side, of a fence or wall shall face the adjacent
property.
H. No fence or wall shall be constructed with barbed wire, metal spikes
or other such dangerous material or constructed in such a manner as
to be dangerous to animals or humans.
I. Solid fences shall not be permitted to be constructed in the front yard of any residential property and any such fence shall be required to be open, partial or board-on-board, except as specifically allowed per §
195-120D.
[Amended 8-18-2014 by Ord. No. 14-22]
J. Prior to the installation of fencing in the Township, a permit shall
be obtained from the Building Department.
Essential services shall be exempt from the provisions of this
Part 3.
[Added 8-11-2004 by Ord. No. 04-11]
Any outdoor aboveground storage tank in any zone district within
the Township of Clark shall be enclosed by a solid wall no higher
than eight feet in height and constructed of noncombustible materials.
[Added 11-16-2009 by Ord. No. 09-25]
In all zones wherein the owner of the property seeks to erect
a flagpole in accord with the terms hereof, the front yard setback
for said flagpole shall be a distance equal to 50% of the front yard
setback required for the erection of a principal structure in said
zone.