Hereafter, no land shall be used or occupied and no building or structure shall be erected, altered, used or occupied except in conformity with the regulations herein established for the district in which such land, building or structure is located. In cases of mixed use or occupancy, the regulations for each use shall apply to the portion of the building or land so used or occupied.
A. 
No building or structure may be erected, altered or used, and no lot or premises may be used for any use which is likely to create conditions of hazards, smoke, fumes, noise, odor or dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such firesafety conditions as are approved by the Construction Official. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed use, facility or operations shall not:
(1) 
Constitute a public nuisance beyond the boundary of the site on which the use is located, by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2) 
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located.
(3) 
Endanger surrounding areas by reason of fire or explosion.
(4) 
Produce objectionable heat or glare.
(5) 
Result in electrical disturbances in nearby residences.
(6) 
Contribute to the pollution of waters.
(7) 
Create an objectionable traffic condition on the street or in an adjacent area.
(8) 
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B. 
All uses not expressly permitted in this chapter are prohibited.
C. 
The following uses are expressly prohibited:
(1) 
Automobile wrecking yard, junkyards or junk business.
(2) 
Sanitary landfills, garbage dumps, refuse dumps, disposal sites for solid and liquid materials and dumps for hazardous wastes.
(3) 
Acetylene manufacture or warehouse storage.
(4) 
Asphalt or coal tar manufacture or refining.
(5) 
Creosote manufacture or treatment.
(6) 
Celluloid manufacture or storage or rubber manufacture.
(7) 
Fat rendering, soap, tallow, grease or lard manufacture or refining.
(8) 
Abattoir or stockyards.
(9) 
Animal black, lampblack or bone black manufacture.
(10) 
Crematory.
(11) 
Oilcloth or linoleum manufacture.
(12) 
Potash works.
(13) 
Gas manufacture or storage in excess of 10,000 cubic feet.
(14) 
Match manufacture.
(15) 
Tanning, curling or storage of raw hides.
(16) 
Tar distillation or manufacture.
(17) 
Petroleum refining or processing.
(18) 
Storage of gasoline or petroleum products in excess of 10,000 gallons above ground.
(19) 
Fertilizer manufacture.
(20) 
Explosive manufacture or storage including, but not limited to, gunpowder, fireworks, etc.
(21) 
Manufacture or warehouse storage of combustible inflammable or volatile materials; those uses which may be noxious or offensive by reason of the emission of odor, gas, smoke, dust, vibration or noise; and those uses which constitute an unusual fire or explosive hazard.
(22) 
The keeping or maintaining of poultry, pigeons and livestock, except horses, as permitted herein.
(23) 
Storage or use of motor vehicles, trailers or other types of vehicles for residential or commercial purposes on vacant lots or unoccupied lots or any portion thereof, except temporarily (not more than 15 days) on a lot used for the temporary parking of automobiles.
A. 
The lawful use of land existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
B. 
The lawful use of a building or structure existing at the time of the adoption of this chapter or of an amendment thereto, although such use does not conform to the provisions hereof, may be continued.
C. 
Whenever a nonconforming use of a building has been changed to a more restrictive use or to a conforming use, such use shall not thereafter be changed to a less restrictive use or revert to its former nonconforming use.
D. 
Whenever a nonconforming use of a building or structure or portion thereof has been abandoned, such nonconforming use shall not thereafter be reestablished, and the future use shall conform to the provisions of this chapter. If a use has not been actively used for a period of 24 months, it shall be considered abandoned.
E. 
Procedure for evaluating substantial destruction. Any nonconforming building, structure or use which has been condemned or damaged by fire, explosion, flood, windstorm, or act of God shall be examined by the Construction Official. If in the opinion of the Construction Official, the cost of repair is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon the granting of a variance. If the cost of repair is less than 50% of the value of replacing the entire structure, it may be rebuilt and used for the same purpose as before, provided it is rebuilt within one year and does not exceed the height, area and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, not to include the cost of the foundation unless the foundation is involved in the repair. Residential properties that have been substantially damaged shall be allowed to rebuild, without regard to the percentage of destruction, provided that the rebuilding shall conform to the prior existing footprint, setback and lot coverage conditions. Any rebuild, however, shall comply with the current height limitations established by ordinance.
F. 
Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure or structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.
G. 
A nonconforming use of any building, structure or land shall not be increased, enlarged or changed in any manner whatsoever.
H. 
No building which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:
(1) 
Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.
(2) 
Minor alterations and improvements which do no constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.
(3) 
Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.
I. 
Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with the height, area, yard, off-street parking or other like requirements of this chapter, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the nonconformance of said building or structure.
J. 
A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.
K. 
When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and such improved lot is nonconforming due to size, shape, area or setback; any existing residential building or structure on the lot may be further improved, provided that:
(1) 
The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone.
(2) 
Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, and all new improvements shall conform.
A. 
Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which such lot is located.
B. 
No yard or other open space provided for any building for the purpose of complying with the provisions of this article shall be considered as providing a yard or other open space for any other building.
C. 
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and/or setback requirements, parking or other similar requirements for any nonresidential use in a nonresidential zone.
D. 
Where there is a question as to the suitability of a lot or lots for their intended use due to factors such as flood conditions or similar circumstances, the Board may, after adequate investigation, withhold approval of such lots.
E. 
In the case of a through lot, the front lot line of such lot, for the purposes of this article, shall be considered that line upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the front lot line shall be the line upon which the primary entrance of the principal building faces, or will face when constructed.
F. 
Flag lots shall be prohibited.
A. 
Projections and encroachments. Minimum required yards shall be entirely free of buildings, structures (excluding parking) or parts thereof and no building or structure shall project into any minimum required front, side or rear yard nor shall any use be made of any such yard, except as follows:
(1) 
Access accommodations for handicapped or disabled persons such as ramps and/or lifts may be constructed in the required side or rear yards of an existing one- or two-family residence, provided that at least one foot between the property line and the appurtenance is provided for ramps, and five feet for lifts, for maintenance purposes. Encroachments onto neighboring properties, easements or rights-of-way shall be permitted only with express permission of the property, easement or right-of-way owner.
(2) 
Cornices and eaves may project not more than two feet into any required yard.
(3) 
Sills, leaders and similar ornamental or structural features may project six inches into any required yard.
(4) 
An open fire escape may project into a required rear yard not more than four feet.
(5) 
Bay windows may project no more than three feet into a required rear yard.
(6) 
Decks, balconies and patios over two feet in height shall be considered part of the principal building; however, these structures may encroach five feet into the required rear yard setback.
(7) 
A chimney may project into any required rear yard, provided that the projection does not exceed two feet.
(8) 
Uncovered steps may project not more than five feet into any required front and rear yard, and not more than three feet into any required side yard.
(9) 
Freestanding flagpoles are permitted in any required front and rear yard, but must be set back five feet from any property line and shall not exceed a height of 20 feet in a residential zoning district and 35 feet in a nonresidential zoning district.
(10) 
Window wells affording light and air to basement and cellar areas are permitted in all required yards.
B. 
Drive-throughs and loading areas shall not be located in the front yard.
C. 
Yards abutting navigable waters. When side or rear yards of lots abut navigable waters, as determined by the Board Engineer, the respective side and rear yard minimum requirements shall not apply.
A. 
Every principal building shall be built upon a lot having minimum street frontage equal to the required minimum lot width upon an approved street which shall be improved in accordance with street standards established by the Township of Edgewater Park or the Residential Site Improvement Standards (RSIS), as applicable.
B. 
Where extra width has been dedicated for widening of existing streets, lots shall begin at such extra width line, and all setbacks shall be measured from such line.
C. 
Reversed frontage lots. For developments situated along county roadways or other collector or arterial routes, the Board may require frontage reversal away from the collector or arterial roadway onto a separate access road. Reversed frontage lots shall be designed with minimum three-foot-high berming, minimum five-foot-high continuous evergreen landscaping, minimum five-foot-high board-on-board fencing, or any combination thereof, along all boundaries common to the major roadway, whose purpose shall be the visual screening of roadway traffic perspectives from the lot interior and the perception of the details of the lot usage from the traveled major roadway.
Only one principal building may be erected on each lot in all residential zones except for those zones that permit multifamily dwellings. In all other zones, related compatible buildings under one management may be erected, used or occupied, provided that all yard, open space, setback and coverage requirements of this article are met.
A. 
Appurtenances attached to principal structures. Church spires, belfries, domes or antennas attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are not subject to height limitations, except that such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve.
B. 
Freestanding noncommercial accessory structures. Water towers, radio and television antennas which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which govern the height of licensed amateur operator radio antennas. The height of the tower or antennas shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. All freestanding noncommercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.
A. 
No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations.
B. 
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. No outdoor storage shall be located in the front yard of a property. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of an automotive dealer.
C. 
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
D. 
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
The sale of Christmas trees shall be permitted as an accessory use in any nonresidential zone provided that the following standards are met:
A. 
A mercantile license shall be obtained for the use and any office trailers, except where exempted by Township Committee.
B. 
The applicant shall demonstrate that sufficient on-site parking is provided for the use and that safe ingress and egress is possible.
C. 
Any temporary office trailer shall be located within the setback lines of the property. Such a trailer shall only be allowed on the property during the month of December.
D. 
Any additional lighting installed on the property for the use shall not spill over onto the adjacent properties or roadway.
E. 
The property shall be returned to a finished appearance upon termination of the use.
F. 
A zoning permit is required.
G. 
Merchants who were licensed to sell Christmas trees in residential zones prior to the adoption of the ordinance codified in this chapter may reapply for a license, however, must meet requirements Subsections A through F of this section. The license or right to sell Christmas trees is nontransferable.
A. 
Permitted districts.
(1) 
A satellite dish shall be permitted as an accessory use in all zone districts. Satellite dishes two feet or less in diameter shall be permitted as of right. Satellite dishes larger than two feet in diameter shall require a zoning permit.
(2) 
Whenever an applicant claims that any general regulation standard herein must be modified because of inability to transmit and/or receive a reasonably satisfactory signal, impracticability, undue hardship, or other criteria for modification under this section, or whenever the adequacy of and/or reasonableness of screening is in issue, such application shall be referred to the Board for interpretation pursuant to N.J.S.A. 40:55D-70b.
B. 
Location.
(1) 
The ability of the applicant to install a satellite dish in an unobtrusive location and to minimize the visual impacts on neighboring properties shall be a major factor in determining whether or not a permit is issued.
(2) 
No satellite dish may be placed in the front yard of any lot. For purposes of this requirement, a corner lot shall be deemed to have a front yard facing each street.
(3) 
Transmit/receive satellite dishes and satellite dishes 36 inches in diameter or less shall be located on the roof. Receive-only satellite dishes greater than 36 inches in diameter shall be placed on a lot in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the satellite dish may be located in the side yard. If such a signal cannot be obtained in either a rear or side yard, the dish may be permitted on the roof, in accordance with the standards of this section.
(4) 
All satellite dishes shall not be closer to the side property line than a distance equal to the diameter of the dishes or the side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(5) 
All satellite dishes shall not be closer to the rear property line than a distance equal to the diameter of the dishes or the rear yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(6) 
Roof-mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility. On all other style roofs, the dish must be located on the portion of the roof facing the rear yard, or, if this would unreasonably limit signal reception, the side yard.
C. 
Height.
(1) 
No ground-mounted satellite earth station shall exceed 12 feet in height, as measured from the average grade at the base of the antenna to the highest point of the antenna.
(2) 
No roof-mounted satellite earth station may extend above the roof line more than nine feet six inches when mounted on a flat roof. On all other roofs, no satellite dish may extend above the highest point of the roof more than three feet. However, upon a showing that such a roof-mounted antenna will not produce adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.
D. 
Additional standards.
(1) 
Diameter. The diameter of satellite dishes shall not exceed 12 feet for C-band technology for receiving and shall not exceed eight feet in diameter for Ku-band VSAT technology for transmitting. All satellite dishes larger than 24 inches shall be of the mesh type only, with not more than 85% of the surface being solid.
(2) 
Color. All satellite dishes shall be painted a solid, dark, nonmetallic color if ground-mounted. Roof-mounted satellite dishes mounted on a flat roof or mansard-style roof shall be colored in a solid, nonmetallic color that matches the roof color to the extent possible, or shall be painted a solid, nonmetallic, non-glossy light to medium gray. When mounted on any other style roof, the satellite earth station shall be painted the color of the surface to which it is attached.
(3) 
Number. The number of allowable satellite earth stations are as follows:
(a) 
For all residential uses in residential zones: three per building.
(b) 
For all other uses permitted in residential zones not specifically provided for otherwise (e.g., schools, places of worship, assisted-living residence, etc.): five per building.
(c) 
For commercial and industrial zones: five per business.
(4) 
The satellite dish may only be used for occupants of the building located on the property.
(5) 
When the use of the satellite dish is abandoned, it shall be removed.
(6) 
The proposed satellite dish shall be the smallest commercially available equipment feasible based on the current technology so as to minimize the visual impact on surrounding areas.
(7) 
Satellite dishes may not be mounted on a portable or movable structure, such as a trailer.
(8) 
No satellite dish shall be erected on a public utility easement without the consent of the easement holder.
(9) 
No satellite earth station may be used as a sign.
(10) 
All wiring or connecting cables between any ground-mounted satellite dish and the principal building on the site shall be buried underground. All wiring or connecting cables between the roof-mounted satellite dish and the principal building shall be hidden or appropriately screened.
(11) 
All satellite dishes, appurtenances, landscaping, and fencing shall be kept and maintained in good condition.
A. 
The exterior of the inn shall remain residential in appearance to the extent possible.
B. 
Parking shall be located at the rear of the property and shall be provided at the rate of one space for every room for let and one space per employee on maximum shift.
C. 
Rooms shall be let for not more than 30 days at a time.
A. 
As permitted accessory use; no approval required. Home occupations shall be permitted as an as-of-right permitted use not requiring Township approval under the following circumstances:
(1) 
The occupation is conducted by a sole practitioner who is a resident of the dwelling.
(2) 
Not more than one occupation is operated in the dwelling.
(3) 
All operations occur inside the dwelling.
(4) 
Not more than one client comes to the dwelling at any one time.
(5) 
Not more than one vehicle, including trailers, related to the occupation is located on the site at any one time.
(6) 
There is no outdoor storage of equipment or materials.
(7) 
The exterior of the dwelling is not modified in any way and the occupation occupies less than 20% of the floor space in the dwelling.
(8) 
Occupations fitting this category typically include music teachers, tutors and professionals such as accountants and designers.
B. 
As permitted accessory use; zoning permit required. Home occupations shall be permitted as an as-of-right permitted use requiring a zoning permit under the following circumstances:
(1) 
The occupation is conducted by a resident of the dwelling plus no more than one additional employee on the premises at any one time who can live outside of the dwelling.
(2) 
The home occupation is a family day care per the Municipal Land Use Law.
(3) 
Not more than one occupation is undertaken on-site at any one time.
(4) 
The home occupation shall be limited to not more than 30% of the total livable floor area of the dwelling unit or accessory structure in which the home occupation is to be situated.
(5) 
The exterior shall remain residential in appearance; however, may contain a nameplate or similar identification sign not exceeding two square feet in area.
(6) 
Sufficient parking is provided on-site for the employee and visitors to the site; however, no more than two visitors shall come to the site at any one time. Sufficient parking shall be one space for the resident employee, one space per nonresident employee and one space per visitor.
(7) 
No display of products shall be visible from the street.
(8) 
No more than two vehicles, including trailers, used in conjunction with the home occupation shall be parked on the site at any one time.
(9) 
There is no outdoor storage of equipment or materials.
(10) 
Home occupations shall not generate light, smoke, glare, noise, and vibrations that are obnoxious and become a nuisance to residential neighbors. No machinery or equipment shall be used that will cause interference with radio, television and satellite reception and other forms of electronic communications in neighboring residences.
(11) 
Hours during which the nonresident employee works on the premises and patrons visit the premises shall be limited to 8:00 a.m. to 9:00 p.m.
(12) 
The home occupation shall be conducted entirely within either the dwelling or accessory building.
(13) 
The home occupation shall not affect the area, yard and bulk requirements for the principal residential use.
C. 
Any home occupation not fitting into the above categories shall not be permitted.
[Added 7-20-2021 by Ord. No. 2021-12]
Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), Class 1 cannabis cultivators and Class 2 cannabis manufacturers are hereby prohibited from operating anywhere in the Township of Edgewater Park.
[Added 7-20-2021 by Ord. No. 2021-12]
Pursuant to section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services, Classes 3, 4, 5 and 6 are hereby permitted to operate in select zones in the Township of Edgewater Park, including the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Township of Edgewater Park.
[Added 7-20-2021 by Ord. No. 2021-12]
Cannabis establishments shall be permitted, pursuant to this chapter, only if the following requirements are complied with:
A. 
The regulations of this section are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and/or regulations adopted by the State of New Jersey or its instrumentalities. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the state statutes and/or regulations shall prevail.
B. 
Prior to the operation of any cannabis establishment, a permit or license must be obtained from the State of New Jersey and from the Township of Edgewater Park for the applicable type(s) of cannabis establishment. No cannabis establishment shall be permitted to operate without state and municipal permits or licenses.
C. 
Permitted uses shall, at all times, comply with the terms and conditions of the licensee's cannabis establishment license for permits or licenses issued by the State of New Jersey and the Township of Edgewater Park.
D. 
No cannabis establishment shall be allowed as a home office as defined in § 310-2-2.
E. 
No cannabis establishment shall be housed in a vehicle or any movable or mobile structure.
F. 
No cannabis establishment shall sell or allow for the consumption of alcohol or tobacco on site.
G. 
No cannabis establishment shall operate within 1,500 feet of any school within the Township.
H. 
Odor. Cannabis establishments shall have equipment to mitigate odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to mitigate cannabis odors emanating from the interior of the premises.
I. 
Noise. 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.
J. 
Security. All cannabis establishments shall be secured in accordance with State of New Jersey statutes and regulations and additionally:
(1) 
Shall have a round-the-clock video surveillance system with view of all entry points and parking areas, 365 days a year; and
(2) 
Shall have trained security personnel onsite at all times during operating hours; and
(3) 
Shall immediately notify the Township of Edgewater Park through the Administrator or his/her designee and the Police Department of the Township of Edgewater Park of any items stolen from the establishment; and
(4) 
Shall install and maintain panic button alarms in the establishment that will alert the Police Department of any incidents in the establishment; and
(5) 
Shall provide all property and businesses owners within 100 feet of the establishment with a contact number in case an incident occurs when no one is present at the establishment.
K. 
Hours. No cannabis retailer may open to customers for business before 9:00 a.m. or remain open to customers for business after 10:00 p.m. Monday through Saturday and may not open for business before 9:00 a.m. or remain open for business after 8:00 p.m. on Sunday.
L. 
Prohibited uses. Except as expressly permitted by this chapter and § 310-14 of the General Ordinances, entitled "Cannabis establishments," as well as any other activity involved in the cultivation, manufacture, processing, testing, dispensation, distribution and/or sale of cannabis, marijuana or cannabis products, are expressly prohibited as land uses or otherwise in the Township of Edgewater Park.
M. 
No cannabis establishment shall advertise through the use of billboards within the Township of Edgewater Park.
N. 
No cannabis establishment shall advertise in any matter advocating for the excessive consumption or use of cannabis.
O. 
No cannabis establishment shall advertise with the use of an individual person or character actively using cannabis.
P. 
Suspension or revocation of license.
[Added 8-15-2023 by Ord. No. 2023-09[1]]
(1) 
Grounds for suspension or revocation. Any license granted or issued pursuant to this chapter may be suspended or revoked by the Township Committee after notice and hearing for any of the following causes:
(a) 
Any fraud, misrepresentations or false statement contained in the application for a license.
(b) 
Any fraud, misrepresentation or false statement made in connection with the selling of the articles of value.
(c) 
Any violation of this chapter.
(d) 
Any violation of P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act."[2]
[2]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
(e) 
Any of the rules or regulations of the Cannabis Regulatory Commission.
(f) 
Any conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
(g) 
Conducting the business licensed under this chapter, through the applicant themselves or any of their agents, servants or employees, in any unlawful manner or in such a manner as to constitute a breach of the peace or to constitute a menace to the health, safety or general welfare of the public.
(2) 
Notice of hearing. Notice of hearing for suspension or revocation of a license under the preceding subsection shall be given, in writing, by the Township Clerk, setting forth the grounds of the complaint and the time and place of the hearing. Such notice shall be mailed, by certified and regular mail, to the licensee at his address indicated on his license application, at least five days' prior to the date set forth for the hearing, unless the five-day notice would cause a threat to public health and welfare, in which case the Township shall take any reasonable action to notify the licensee.
(3) 
Reissuance following suspension or revocation. The Township Committee may issue another license to a person whose license has been revoked if, after the hearing, it is satisfied by clear and convincing evidence that the acts which led to the revocation will not occur again; otherwise, no person whose license has been revoked, nor any person acting for him, directly or indirectly, shall be issued another license to carry on the same activity for the period of 12 months.
(4) 
Suspension or revocation of a license shall be in addition to any other penalty which may be imposed for a violation of this chapter.
(5) 
Proceedings for suspension or revocation of any license authorized under this chapter shall be in accordance with such rules and regulations that may be adopted by the Cannabis Regulatory Commission to establish procedures for the suspension or revocation of a license or a conditional license, N.J.S.A. 24:61-35a(1), or any amendments or supplements thereto.
[1]
Editor's Note: This ordinance also redesignated former Subsection P as Subsection Q.
Q. 
(Reserved)
[Added 8-16-2022 by Ord. No. 2022-08]
A. 
There is hereby established a local cannabis transfer tax in the Township of Edgewater Park, which shall be fixed at a uniform percentage rate of 2% of the receipts from each sale by a cannabis cultivator; 2% of the receipts from each sale by a cannabis manufacturer; 1% of the receipts from each sale by a cannabis wholesaler; and 2% of the receipts from each sale by a cannabis retailer for every occupancy of a cannabis establishment in the Township of Edgewater Park.
B. 
In addition to the tax established in Subsection A of this section, a user tax, at the equivalent transfer tax rates, is hereby established on any concurrent license holder, as permitted by Section 33 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-46), operating more than one cannabis establishment. The user tax shall be imposed on the value of each transfer or use of cannabis or cannabis items not otherwise subject to the transfer tax imposed pursuant to Subsection A of this section from the license holder's establishment that is located in Edgewater Park to any of the other license holder's establishments, whether located in this Township or another municipality.
C. 
Any transaction for which the transfer tax or user tax is imposed, or could be imposed, pursuant to this section, other than those which generate receipts from the retail sales by cannabis retailers, shall be exempt from the tax imposed under the Sales and Use Tax Act, P.L. 1966, c. 30 (N.J.S.A. 54:32B-1 et seq.).
[Added 8-16-2022 by Ord. No. 2022-08]
The cannabis transfer tax shall be in addition to any other tax or fee imposed pursuant to statute or local ordinance or resolution by any governmental entity upon property or cannabis establishments.
[Added 8-16-2022 by Ord. No. 2022-08]
A. 
The transfer tax or user tax imposed by this article shall be collected or paid and remitted to Edgewater Park Township by the cannabis establishment from the cannabis establishment purchasing or receiving the cannabis or cannabis item, or from the consumer at the point of sale, on behalf of the Township by the cannabis retailer selling the cannabis item to that consumer. The transfer tax or user tax shall be stated, charged, and shown separately on any sales slip, invoice, receipt, or other statement or memorandum of the price paid or payable, or equivalent value of the transfer, for the cannabis or cannabis item.
B. 
Every cannabis establishment required to collect a transfer tax or user tax imposed by ordinance pursuant to this article shall be personally liable for the transfer tax or user tax imposed, collected, or required to be collected under this section. Any cannabis establishment shall have the same right with respect to collecting the transfer tax or user tax from another cannabis establishment or the consumer as if the transfer tax or user tax was a part of the sale and payable at the same time or, with respect to nonpayment of the transfer tax or user tax by the cannabis establishment or consumer, as if the transfer tax or user tax was a part of the purchase price of the cannabis or cannabis item, or equivalent value of the transfer of the cannabis or cannabis item, and payable at the same time; provided, however, that the Chief Financial Officer of Edgewater Park shall be joined as a party in any action or proceeding brought to collect the transfer tax or user tax.
C. 
No cannabis establishment required to collect a transfer tax or user tax imposed by this article shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the transfer tax or user tax will not be separately charged and stated to another cannabis establishment or the consumer, or that the transfer tax or user tax will be refunded to the cannabis establishment or the consumer.
D. 
All revenues collected from a transfer tax or user tax imposed by ordinance pursuant to this article shall be remitted to the Edgewater Park Chief Financial Officer on a quarterly basis payable for the prior three months' activities and due at the same time as quarterly dates for the collection of property taxes. The revenues due on February 1 of each year shall include all transfer taxes or user taxes collected for the prior year months of October, November, and December. The revenues due on May 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of January, February, and March. The revenues due on August 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of April, May, and June. The revenues due on November 1 of each year shall include all transfer taxes and user taxes collected for the immediate prior months of July, August and September.
[Added 8-16-2022 by Ord. No. 2022-08]
A. 
The Chief Financial Officer shall collect and administer any transfer tax or user tax imposed by this article.
B. 
The municipality shall enforce the payment of delinquent taxes or transfer fees imposed pursuant to this article in the same manner as provided for municipal real property taxes.
C. 
In the event that the transfer tax or user tax imposed by this article is not paid as and when due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property comprising the cannabis establishment's premises in the same manner as all other unpaid municipal taxes, fees, or other charges. The lien shall be superior and paramount to the interest in the parcel of any owner, lessee, tenant, mortgagee, or other person, except the lien of municipal taxes, and shall be on a parity with and deemed equal to the municipal lien on the parcel for unpaid property taxes due and owing in the same year.
D. 
A municipality shall file in the office of its tax collector a statement showing the amount and due date of the unpaid balance and identifying the lot and block number of the parcel of real property that comprises the delinquent cannabis establishment's premises. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.