[HISTORY: Adopted by the Borough of Rutherford Council as
indicated in article histories. Amendments noted where applicable.]
[Adopted 7-26-2021 by Ord. No. 3566-21]
A.
Permitted licenses: Those businesses possessing either a Class 1,
Class 2, Class 3, or Class 4 license pursuant to Section 31b of the
New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace
Modernization Act (P.L. 2021, c. 16) may operate within the Borough
of Rutherford subject to all of the provisions of this article and
all applicable state standards and regulations.
B.
Prohibited licenses: Class 5 and Class 6 licenses are prohibited
in the Borough of Rutherford, except for the purpose of delivering
cannabis items and related supplies from a Class 6 license holder
located outside of the Borough of Rutherford.
A.
A business with a Class 1, Class 2, Class 3, or Class 4 license may
operate within the lots set forth on Exhibit A, attached hereto and
made a part hereof, as a conditional use.[1] Bulk standards associated with the ORD shall apply subject
to the conditions set forth below.
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
B.
In order to qualify for conditional use approval to operate a business
with a Class 1, Class 2, Class 3, or Class 4 license, the licensee
must meet the following conditions:
(1)
Possess the appropriate state license.
(2)
The applicant will implement an odor mitigation infrastructure so
that odors emanating from the facility are not detectable by a person
on adjacent properties, rights-of-way, or other units with a building
on the same lot.
(3)
Outdoor generators and other mechanical equipment shall be enclosed
and have noise reduction systems to mitigate noise pollution. All
facilities must operate within applicable state sound limitations.
Sound mitigation equipment shall be screened from view from adjacent
properties.
(4)
All activities associated with the production of cannabis, including
cultivation, manufacturing, and processing, shall occur within an
enclosed building.
(5)
Landscape buffers at least three feet high at the time of installation,
or other equivalent method of buffering, shall be installed adjacent
to any property line shared with a residential property.
(6)
Cannabis or cannabis-related products must not be visible from the
adjacent sidewalk, right-of-way, or street.
(7)
The lot shall front on a collector or arterial road as specified
in the Borough Master Plan, and all ingress and egress shall be limited
to such roads.
(8)
A minimum buffer area of 50 feet shall be provided along any common
property line with a residential district or use.
(9)
A landscaping strip of a minimum width of 10 feet shall be provided
along front and side street lot lines. All landscaped areas shall
be curbed with concrete or granite block curbing.
(10)
All garbage receptacles or other outside appurtenances shall
be screened by means of adequate landscaping or fencing.
(11)
Compliance with the signage standards of the ORD Zone, except
that:
(a)
No sign shall be placed on the roof of a building nor placed
on its walls so as to exceed in height the roof of a building.
(b)
No illuminated signs shall be permitted.
(c)
No freestanding signs shall be permitted.
(d)
There shall only be one sign.
(e)
The content of signage shall be restricted to text on a solid
background. The logo of the business may be included, provided the
logo does not include a cannabis plant leaf or image of other cannabis
paraphernalia or products.
Violations of any provisions of this article shall be punishable
by fines of $1,000 for the first offense and $2,000 for each and every
offense thereafter. This article shall be enforced by either the Rutherford
Police, the Rutherford Building Department, the Borough Administrator
or the Rutherford Health Department.
There shall be a limit on the hours of operation for a holder
of a Class 1, Class 2, Class 3, or Class 4 license.
There shall only be three of each type of Class 1, 2, 3, or
4 license permitted within the Borough of Rutherford.
On-site cannabis consumption shall not be permitted within the
Borough of Rutherford.
All facilities shall be secured in accordance with State of
New Jersey statutes and regulations. Facilities shall have video surveillance
systems operating 24 hours a day, 365 days a year, and have trained
security personnel on site during operating hours. Facilities permitted
herein shall submit, as a component of their site plan application,
a security plan to be approved by the Rutherford Police Department.
Any facility operating a Class 1, Class 2, Class 3, or Class
4 facility shall submit, as a component of their site plan application,
a water and energy consumption plan detailing, at minimum, anticipated
water and energy consumption.
[Adopted 11-29-2021 by Ord. No. 3585-21]
The purpose of this article is to regulate conduct in public
areas in a similar fashion to alcohol for the general welfare of both
residents and visitors to the Borough of Rutherford. In addition,
this article intends to provide for the public health, safety, and
welfare by discouraging the smoking of marijuana around non-marijuana-users;
by minimizing the nonconsensual exposure to secondhand marijuana smoke
and marijuana-related litter and pollution; and by affirming the family-friendly
atmosphere of public areas in the Borough of Rutherford.
As used in this article, the following terms shall have the
meanings indicated:
The public pedestrian walkway/pathway constructed over the
municipal right-of-way or within any jurisdiction that the municipality
has entered into an agreement with a private entity for use of the
public.
All parts of the cannabis plant, whether growing or not,
the seeds thereof, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds, resin, or oil.
For purposes of this section, any reference to "marijuana" shall also
include and incorporate by reference regulated cannabis, medical cannabis,
unregulated marijuana and hashish.
Any nature areas, greenbelts, and wildlife and vegetation
habitat areas open to the public.
Dining areas that are not enclosed and part of a restaurant,
business, nonprofit entity, place of employment, and located in any
public place.
Any public parks owned, leased, or utilized by the Borough
of Rutherford.
Public Right of Way means the area on, below, or above a
public roadway, highway, street, public sidewalk, alley, waterway,
or utility easement in which the Borough of Rutherford has an interest.
Any areas open to the general public for recreational purposes,
regardless of any fee requirement, including, but not limited to,
public parks, beach and ocean beach areas, children's play areas,
sports fields, playgrounds, tennis and basketball courts, and senior
center outdoor areas.
Any scheduled event within the Borough of Rutherford where
the public is invited, some of which may require a permit, including
but not limited to farmers' markets, concerts, parades, or festivals.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted marijuana cigarette, pipe, vape, or similar
device, or other matter or substance which contains marijuana or any
other matter that can be smoked, or the inhaling or exhaling of marijuana
smoke or vapor from an electronic smoking device.
Any electronic or other device that can be used to deliver
cannabis, marijuana, or hashish or other related substances to the
person inhaling from the device, including, but not limited to, an
electronic cigarette, cigar, cigarillo, pipe, or other device used
to consume these products. This definition includes "vaping" the above-described
products.
It is unlawful for any person to smoke or otherwise use or consume
marijuana in or on any public open space, outdoor dining area, parks,
public right-of-way, recreation area, promenade, or the area of any
scheduled public event, except by resolution of the governing body
and in accordance with all statutes and regulations pertaining to
consumption of cannabis as set forth in N.J.S.A. 24:61-31 et seq.
The Rutherford Police Department is hereby charged with the
enforcement of this article. All members of the Police Department
are hereby designated as enforcement officers for the purpose of enforcement
of this article.
