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.
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.
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.
[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)
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."
(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.
[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.