[Added 8-4-2021 by Ord. No. 21-13]
Cannabis businesses 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 business, a permit or license must
be obtained from the State of New Jersey and from the Borough of Matawan
for the applicable type(s) of cannabis business. No cannabis business
shall be permitted to operate without state and Borough permits or
licenses.
c. Permitted
uses shall, at all times, comply with the terms and conditions of
the licensee’s cannabis business license for permits or licenses
issued by the State of New Jersey and the Borough.
d. No cannabis
business shall be allowed as a home profession as defined in Borough
Code of Matawan in any of the Zoning Districts of the Borough.
e. No cannabis
business shall be housed in a vehicle or any movable or mobile structure.
f. Cannabis
businesses shall have equipment to mitigate odor. The cannabis business
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.
g. 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.
h. All cannabis
businesses shall be secured in accordance with State of New Jersey
statutes and regulations; shall have a round-the-clock video surveillance
system, 365 days a year; and shall have trained security personnel
on site at all times during operating hours.
i. All cannabis
businesses shall provide the Matawan Police Department with access
to security footage immediately upon request by the Borough
j. Cannabis
business signage shall not contain text and/or image intended to promote
excessive consumption of legal cannabis products. The signage shall
not have the words “Weed” or “Marijuana,”
or depict marijuana or cannabis plants, or contain graphics indicating
such images or wording.
k. The applicant
shall submit a written report setting forth the full particulars of
the proposed use, including hours of operation, anticipated customer
volume, parking facilities necessary to service such customer volume
and measures to be taken to avoid nuisance effects upon adjacent and
nearby residential areas.
l. Cannabis
businesses shall be prohibited in any area in which, under state or
federal law, any cannabis business would be prohibited from operating
based upon its proximity to a school, park, housing authority property,
public or private youth center, or swimming pool.
[Added 8-4-2021 by Ord. No. 21-13]
a. Cannabis
retailers shall not sell alcohol or tobacco within the facility.
b. Cannabis
retailers may not be located within any other businesses and may only
be located in buildings with other uses only if the cannabis business
is separated by full walls and with a separate entrance. No more than
one cannabis business shall be located on a single parcel.
c. Cannabis
plants, products, and paraphernalia shall not be visible from outside
the building in which the cannabis retailer is located.
d. No cannabis
retailer may open to customers for business before 8:00 a.m. or remain
open to customers for business after 10:00 p.m.
e. Cannabis
retailers must provide a detailed security plan and receive approval
of such plan from the Matawan Police Department.
f. Otherwise
compliant signage shall be permitted as specified for the zone in
which the cannabis retailer is proposed or operating.
g. No retailer
shall display signage containing texts/or image intended to promote
excessive consumption of legal marijuana products.
h. Retailers
must provide details on delivery services for approval from the Department
of Planning and Zoning.
i. Class
5 and Class 6 businesses shall provide a buffer of 1,000 feet from
school zone and playgrounds; and maintain a 100-foot buffer from public
or private youth centers and swimming pool.