[Article XV adopted by Ord. No. 2021-016]
[Added 9-14-2021 by Ord.
No. 2021-016]
As used in this article, the following terms shall have the
meanings indicated:
The New Jersey Cannabis Regulatory, Enforcement Assistance,
and Marketplace Modernization Act.[1]
Encompasses all components of the cannabis industry. Accordingly,
it shall mean any business involved in cultivating, manufacturing,
distribution, sales, or testing of marijuana. While it may have a
component that administers medical cannabis to qualifying patients,
it is open to adult use of cannabis for persons 21 years and older.
A building, structure, or premises used for the cultivation
or storage of cannabis. Includes the planting, propagating, cultivation,
growing, harvesting, labeling or manufacturing, compounding and storing
of cannabis for the limited purpose of this article. A cultivation
center may be physically separate and off-site from the associated
licensee's cannabis dispensary. When connected to, or part of, the
same property by which an alternative treatment center dispenses from,
it is considered part of the alternative treatment center.
An ATC facility that acquires, possesses, sells, distributes,
transmits, gives, dispenses, or otherwise provides cannabis to persons
21 years and older. While it may administer medical cannabis to qualifying
patients, it is open to adult use.
A facility involved with compounding, making, and processing
of medical cannabis in all forms, including those that involve food
handling.
An organization authorized through licensure issued by the
NJ State Department of Health and the Board of Medical Examiners to
perform activities necessary to provide registered qualifying patients
with usable cannabis and related paraphernalia in accordance with
the provisions of the Jake Honig Compassionate Use Medical Cannabis
Act (N.J.S.A. 24:6I-2 et seq.). For the purposes of zoning, an ATC
is the interface between provider and patient and is synonymous with
a medical cannabis dispensary. Cultivation and manufacturing, unless
within the same structure or property as a dispensary, shall be treated
as a separate use category though it may be part of the license issued
by the state for a single entity.
The definition given to "marijuana," as provided in Section
2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970,
c. 226 (effective January 17, 1971), codified at N.J.S.A. 24:21-1
et seq.
An organization issued a permit by the Commission to operate
as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler
or cannabis dispensary.
See "permitting authority."
An organization issued a permit by the permitting authority
that authorizes the organization to: possess and cultivate cannabis
and deliver, transfer, transport, distribute, supply, and sell medical
cannabis and related supplies to other medical cannabis cultivators
and to medical cannabis manufacturers and dispensaries, as well as
to plant, cultivate, grow, and harvest medical cannabis for research
purposes. For the purposes of zoning, this shall include the building,
structure, or premises used for the cultivation or storage of medical
cannabis. A cultivation center may be physically separate and off-site
from an associated medical cannabis dispensary. When connected to,
or part of, the same property as a medical cannabis dispensary, the
cultivation center shall be considered part of the medical cannabis
dispensary.
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from medical cannabis cultivators; purchase or
obtain medical cannabis products and related supplies from medical
cannabis manufacturers; purchase or obtain medical cannabis, medical
cannabis products, and related supplies and paraphernalia from other
medical cannabis dispensaries; deliver, transfer, transport, distribute,
supply, and sell medical cannabis and medical cannabis products to
other medical cannabis dispensaries; furnish medical cannabis, including
medical cannabis products, to a medical cannabis handler for delivery
to a registered qualifying patient, designated caregiver, or institutional
caregiver consistent with the requirements of the Act; and possess,
display, deliver, transfer, transport, distribute, supply, sell, and
dispense medical cannabis, medical cannabis products, paraphernalia,
and related supplies to qualifying patients, designated caregivers,
and institutional caregivers. For the purposes of zoning, this shall
include the building, structure, or premises used for the dispensing
of medical cannabis.
An organization issued a permit by the permitting authority
that authorizes the organization to: purchase or obtain medical cannabis
and related supplies from a medical cannabis cultivator; purchase
or obtain medical cannabis products from another medical cannabis
manufacturer; produce, manufacture, or otherwise create medical cannabis
products; and possess, deliver, transfer, transport, distribute, supply,
and sell medical cannabis products and related supplies to other medical
cannabis manufacturers and dispensaries. For the purposes of zoning,
this shall include the building, structure, or premises used for the
manufacturing of medical cannabis products.
A cannabis business meeting the criteria established by NJCREAMMA,
including New Jersey residency requirements for owners, directors,
officers and employees, no more than 2,500 square feet of business
operating space and monthly production limitations as established
by NJCREAMMA, the regulations adopted pursuant thereto, as the same
may be amended from time to time.
The documents issued by the permitting authority, pursuant
to the Act, granting the legal right to operate as a cannabis business.
The entity responsible for the regulation and enforcement
of activities associated with the medical use of cannabis. This shall
include the New Jersey Department of Health and the Cannabis Regulatory
Commission, established pursuant to Section 31 of P.L. 2019, c. 153
(N.J.S.A. 24:6I-24), which shall assume all powers, duties, and responsibilities
with regard to the regulation and oversight of activities authorized
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) from the
Department of Health for the further development, expansion, regulation,
and enforcement of activities associated with the medical use of cannabis
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).
The dried leaves and flowers of cannabis, and any mixture
or preparation thereof, but does not include the seed, stems, stalks,
or roots of the plant.
Vertically integrated operations proposing to have cultivation,
manufacturing, and dispensing within the same facility. For the purpose
of zoning, vertically integrated facilities shall be considered dispensaries.
Facilities licensed by the Commission to obtain and sell
cannabis items for later resale by other licensees.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
[Added 9-14-2021 by Ord.
No. 2021-016]
a.
Adult-use/medical cultivation centers and manufacturing facilities.
Cultivation centers and manufacturing facilities, both adult-use and
medical, shall be permitted to be located within the following zones
in accordance with this article 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 preliminary/final site plan review and approval by the Township
Land Use Board is required. A microbusiness shall be subject to minor
site plan review and approval by the Township's Land Use Board. Cultivation
centers and manufacturing facilities are not permitted on lands with
farmland assessment and, therefore, will trigger a rollback of taxes.
Zones permitted include:
b.
Schedule A, Permitted, Conditional and Accessory Uses and Structures,
shall be amended to add cannabis cultivation center, cannabis manufacturing
facility, and cannabis microbusiness, as scheduled permitted uses
in the aforementioned zones.
[Added 9-14-2021 by Ord.
No. 2021-016]
a.
Dispensaries. Dispensaries and retail cannabis facilities, both adult-use
and medical, shall be prohibited within all zones of the Township.
This includes alternative treatment centers and vertically integrated
facilities.
b.
Wholesalers. Wholesale cannabis facilities shall be prohibited within
all zones of the Township.
[Added 9-14-2021 by Ord.
No. 2021-016]
Cannabis products may be transferred or delivered, consistent
with the requirements of the Act under a cannabis delivery license.
Mobile facilities shall not be permitted unless expressly authorized
under the Act or permitted by the permitting authority, and approved
by special permit by the Township.
[Added 9-14-2021 by Ord.
No. 2021-016]
a.
The cultivation of cannabis shall not be permitted on exterior portions
of a lot, unless under special permit for the cultivation of hemp
that is in conformance with the Federal Agriculture Improvement Act
of 2018 (2018 Farm Bill).[1] 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.
[1]
Editor's Note: See 7 U.S.C.A. § 9001 et seq.
b.
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.
c.
All other Township sign regulations must be complied with.
d.
Cannabis business signage shall not display on the exterior of the
facility or windows advertisements for cannabis or a brand name except
for purposes of identifying the building by the permitted name.
e.
Cannabis cultivation facilities and cannabis manufacturing facilities
shall meet the parking standards set forth in Schedule D, Minimum
Parking Requirements for the Commercial/Professional Use.
f.
In the event of a conflict between the Township bulk standards and
the Act or the permitting authority's regulations, the Township shall
consider the pertinent statute or regulation as justification of any
variance and/or design waiver.
g.
The minimum lot size for a stand-alone cultivation center and/or
manufacturing facility shall be 25 acres. This criteria shall not
be applicable to a microbusiness.
h.
All cannabis facilities shall comply with the regulatory requirements
set forth in N.J.A.C. 17:30.
[Added 9-14-2021 by Ord.
No. 2021-016]
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:
[Added 9-14-2021 by Ord.
No. 2021-016]
Cannabis plants, products, accessories, and associated paraphernalia
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.
[Added 9-14-2021 by Ord.
No. 2021-016]
All products and accessories shall be stored completely indoors
and on-site in accordance with the Act and the permitting authority
regulations.
[Added 9-14-2021 by Ord.
No. 2021-016]
a.
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.
b.
Businesses shall properly dispose of all materials and other substances
in a safe and sanitary manner in accordance with state regulations.
c.
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.
d.
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 an 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
and the Fire Marshall.
e.
All state regulations concerning ventilation systems shall be followed.
[Added 9-14-2021 by Ord.
No. 2021-016]
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 Engineer, Township Zoning Officer, Construction
Official and Fire Safety Official, and the County and Township Health
Departments, if applicable.
[Added 9-14-2021 by Ord.
No. 2021-016]
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.
[Added 9-14-2021 by Ord.
No. 2021-016]
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,
not inconsistent with the permitting authority requirements, including,
but not limited to, the following:
a.
Additional security requirements;
b.
Limits and requirements on parking and traffic flows;
c.
Requirements for walls, doors, windows, locks and fences on the premises
and adjacent grounds;
d.
Requirements and limits on ventilation and lighting;
e.
Limits on noise inside the licensed premises or on the adjacent grounds;
f.
Prohibitions on certain conduct in the cannabis business; and
g.
Limits on hours of operation.
[Added 9-14-2021 by Ord.
No. 2021-016]
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 article, or any
conditions imposed by the zoning permit, may result in the revocation
of the zoning permit.
[Added 9-14-2021 by Ord.
No. 2021-016]
To the extent any provisions of the Township redevelopment plans,
zoning and site plan standards conflict with this article, the provisions
and standards of this article shall control.
