[Added 8-11-2021 by Ord. No. 2021-07]
[1]
Editor's Note: Former Art. VIII, Subdivision of Land; Site Plan Review, as amended, was repealed 10-9-2013 by Ord. No. 2013-08.
Limitation on the type and number of cannabis businesses within the Township to Class 1 (cultivation) and Class 2 (manufacturing) as defined under the Act:
A. 
There will be no permitted Class 5 (retail dispensaries) cannabis businesses within the Township's borders for cannabis or otherwise. Additionally, there will be no permitted Class 3 (wholesale), Class 4 (distribution) or Class 6 (delivery) licenses permitted within the Township's borders.
B. 
The number of standalone cultivation centers and/or manufacturing facilities permitted within the Township is based on population. A maximum of one cultivation center and/or manufacturing facility shall be permitted for every 12,000 people or fraction thereof and only within the C/I Commercial/Industrial District. Population shall be determined by the most recent data available from the U.S. Census Bureau and the New Jersey Department of Labor, Bureau of Statistics.
C. 
Standalone or integrated cultivation centers and manufacturing facilities are permitted businesses as long as the secured facility does not contain a dispensary or have public access. Signage for the cultivation center or manufacturing facility shall remain innocuous and part of the general directional signage allowed by the Township of Oldmans. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.
D. 
In the event more than one land use application for a 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.
A. 
Dispensaries. No form of cannabis dispensaries shall be permitted to be located within Oldmans Township, medical or otherwise.
B. 
Vertically integrated or standalone cultivation centers and manufacturing facilities. Vertically integrated cultivation centers and manufacturing facilities shall be permitted to be located within the C/I Commercial/Industrial District only in accordance with this chapter and the redevelopment plans where applicable. For all properties, adherence to the site design standards of the Township land development ordinances and redevelopment plans through a review by the Zoning Official, Oldmans Township Redevelopment Agency, and the Township Planning Board, where applicable, is required. Issuance of zoning permit and/or site plan approval is required. Zones permitted include Commercial/Industrial as defined under § 110-20 of the Oldmans Township Code.
C. 
Distance between cultivation and manufacturing facilities and schools and residential clusters. Cultivation and manufacturing facilities shall not be located within a drug-free school zone (within 1,000 feet of a school property) or within 1,000 feet of a residential cluster as defined in § 110-43.
D. 
Operation of multiple cannabis businesses at a single location. A person may vertically integrate a cultivation center and manufacturing facility permitted by the section at a single location as long as it is in full compliance with the requirements of the Act and the Township land development ordinances.
A. 
The cultivation of cannabis shall not be permitted on exterior portions of a lot. The cultivation, production or 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. Such use shall adhere to the bulk standards of the underlying zoning.
B. 
All Township sign regulations must be complied with.
C. 
Cannabis businesses must limit signage to text on external signage, labeling, and brochures. Use of graphics shall be limited to the logo for the business so long as it does not include a cannabis plant leaf and outward glorification of cannabis consumption.
D. 
Cannabis business signage shall not display on the exterior of the facility or windows advertisements of medicinal cannabis or brand name except for purposes of identifying the building by permitted name.
E. 
Security and reporting. Security systems must be in place, along with a 24/7 recording system that records for a minimum thirty-day archive. This system shall be shared with the New Jersey State Police via web browser. Outside areas of the premises and the perimeter shall be well lit. The New Jersey State Police shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours. Security staff is required on the premises during all hours of operation. Additionally:
(1) 
The premises must only be accessed by authorized personnel and free of loitering.
(2) 
All cultivation of cannabis shall take place in an enclosed, locked facility.
(3) 
Security personnel must be present during all times.
F. 
No products to be visible from public places. Cannabis plants and products 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.
G. 
No beer or alcohol on premises. No fermented malt beverages and no alcoholic beverages shall be kept, served, or consumed on the premises of a cannabis business.
H. 
Storage of products. All products and accessories shall be stored completely indoors and on-site in accordance with the Cannabis Act and the permitting authority regulations.
I. 
Consumption of cannabis prohibited. No consumption or smoking of any cannabis products shall be allowed or permitted on the premises or adjacent grounds of a cannabis business.
J. 
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 New Jersey State Police.
K. 
Prevention of emissions and disposal of materials.
(1) 
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.
(2) 
Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations and local ordinances.
(3) 
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.
(4) 
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 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 or the Fire Marshal.
(5) 
All state regulations concerning ventilation systems shall be followed.
L. 
Compliance with other codes. 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 Department, Fire Safety Division, and the Salem County Health Department, if applicable.
M. 
No harm to public health, safety or welfare. 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.
N. 
Additional requirements. 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.
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 subsection, 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 Ordinance Code, redevelopment plans, zoning and site plan code or standards conflict with this article, the provisions and standards of this article shall control.