[Added 12-27-2021 by Ord. No. 2021-13]
A.
To permit a total of five cannabis establishments, as defined in
§ 208.1A, to operate within the Township of South Hackensack,
through the mechanism known as overlay zoning.
B.
To establish appropriate controls for Cannabis Establishments so
as to protect and promote the health, safety, and welfare of the residents
of the Township of South Hackensack while promoting the expansion
of the commercial tax base by expanding into new and emerging markets.
A.
As an overlay Zone, the COZ does not replace the existing or "underlying"
zone designation.
B.
Any person or entity that wishes to use or develop upon a property
within the COZ shall have the option to use or develop the property
in accordance with the regulations of either the COZ or the underlying
zone.
As used in this article, the following terms shall have the
meanings indicated:
All parts of the plant Cannabis sativa L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant, which are cultivated
and, when applicable, manufactured in accordance with P.L. 2016, c.
16 for use in cannabis products as set forth in this act, but shall
not include the weight of any other ingredient combined with cannabis
to prepare topical or oral administrations, food, drink, or other
product. "Cannabis" does not include: medical cannabis dispensed to
registered qualifying patients pursuant to the "Jake Honig Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and
P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in
N.J.S. 2C:35-2 and applied to any offense set forth in chapters 35,
35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001,
c. 114 (C. 2C:35B-1 et seq.), or marijuana as defined in section 2
of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense set forth
in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970,
c. 226 (C. 24:21-1 et al.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the "New Jersey
Hemp Farming Act," P.L. 2019, c. 238 (C. 4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis Item" does not include: Any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the "Jake Honig Compassionate Use Medical Cannabis Act,"
P.L. 2009, c. 307 (c. 24:6i-1 et seq.) and P.L. 2015, c. 158 (c. 18a:40-12.22
et seq.); or hemp or hemp product cultivated, handled processed, transported,
or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019,
c. 238 (c. 4:28-6 et seq.).
The leaf of the plant Cannabis sativa L. within the plant
family cannabaceae.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
with respect to cannabis does not include packaging or labeling.
The overlay zone whereby the approved classes of cannabis
establishments are permitted to operate.
The official Township map establishing the Cannabis Overlay
Zone.
Any equipment, products, or materials of any kind which are
used, intended for use, or designed for use in planting, propagating,
cultivating, growing, harvesting, composting, manufacturing, compounding,
converting, producing, processing, preparing, testing, analyzing,
packaging, repackaging, storing, vaporizing, or containing cannabis,
or for ingesting, inhaling, or otherwise introducing a cannabis item
into the human body. "Cannabis Paraphernalia" does not include drug
paraphernalia as defined in N.J.S. 2C:36-1 and which is used or intended
for use to commit a violation of Chapter 35 or 362 of Title 2C of
the New Jersey Statutes.
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including product intended to be applied to the
skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis Product" does not include (1) usable cannabis by itself;
(2) cannabis extract by itself; or (3) any other cannabis resin by
itself.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
The dried leaves and flowers of the female plant Cannabis
sativa L., and does not include seedlings, seeds, stems, stalks, or
roots of the plan.
A.
The conditions set forth in Subsection B below apply to all cannabis establishments located in the Green Street Cannabis Overlay Zone (GCOZ). All other permitted uses located within the GCOZ shall follow the underlying zoning regulations.
B.
Conditions.
(1)
Those cannabis establishments possessing either a Class 1, Class
2, Class 4 or Class 6 State License issued pursuant to Section 31b
of the New Jersey Cannabis Regulatory, Enforcement Assistance and
Marketplace Modernization Act (P.L. 2021, c. 16), may operate with
the GCOZ. All other classes of cannabis licenses not specifically
permitted above are strictly prohibited from operating in the GCOZ;
(2)
No more than one license shall be issued for each class of license
permitted in the GCOZ;
(3)
A cannabis establishment shall be subject to licensing requirements
outlined in Township Code, Section 131;
(4)
All cannabis establishments shall undergo site plan review by the
Township's Planning Board;
(5)
Unless specifically stated to the contrary herein, cannabis establishments
shall be subject to the "bulk" requirements established for commercial
uses in the underlying zoning;
(6)
In addition to the signage requirements established for commercial
uses in the underlying zone, cannabis establishments shall be also
be subject to the following signage requirements:
(a)
No sign shall be placed on the roof of a building nor placed
on its wall so as to exceed the height of the roof of the building;
(b)
No internally illuminated signs shall be permitted;
(c)
No freestanding signs shall be permitted;
(d)
Only one sign per cannabis establishment is permitted on the
site;
(e)
The sign text shall be on a solid background; and
(f)
The cannabis establishment logo may not include a cannabis plan
leaf or image of other cannabis paraphernalia or cannabis product.
(7)
For purposes of determining required parking, cannabis establishments
shall have a parking requirement of four parking spaces per 1,000
square feet of gross leasable area;
(8)
Cannabis establishments operating in the GCOZ shall be permitted
to conduct its business during the hours of 9:00 a.m. to 7:00 p.m.,
Monday through Saturday;
(9)
A cannabis establishment shall not be located within 1,000 feet of
a pre-existing primary or secondary school. The distance shall be
measured from main entrance to main entrance. Early learning centers,
preschools, day care centers, residential care homes, colleges, and
vocational/trade centers shall not be classified as a school for purposes
of this section;
(10)
All activities and storage associated with the cannabis establishment
shall occur within a secured building;
(11)
The cannabis establishment shall provide odor mitigation infrastructure
that will eliminate odor, smoke, gas, or toxic materials which would
impair the quiet use and enjoyment of adjoining lands;
(12)
Drive-through access shall be prohibited;
(13)
No cannabis paraphernalia shall be displayed or kept at the
cannabis establishment so as to be visible from outside the premises;
(14)
No cannabis product shall be smoked, eaten, or otherwise consumed
or ingested on the premises of any cannabis establishment;
(15)
A cannabis establishment shall not be located in a home, apartment,
or condominium;
(16)
If located in a multi-tenant or mixed-use building, the cannabis
establishment shall have a separate entrance where no part of the
cannabis establishment shall be directly accessible from any common
area within the building;
(17)
Applicants for a cannabis establishment shall coordinate with
the Township Chief of Police, or his or her designee, regarding the
measures to be taken to ensure the security of the facility and the
safety of the public and facility employees. Such measures may include,
but are not limited to, facility access controls, access to surveillance
systems, improved site lighting, and on-site law enforcement or security
personnel. Said coordination shall occur in conjunction with any application
for site plan, zoning permit or variance relief for a cannabis establishment
and shall be ongoing, as needed, to address any security or safety
issues;
(18)
Subject to the requirements and limitations of State Law, the
Township of South Hackensack shall have the reasonable right to inspect
the premises of any approved cannabis establishment during its regular
hours of operation to ensure compliance with local ordinances and
regulations;
(19)
Operation of any prohibited or unpermitted cannabis business
establishment within the municipality in violation of the provisions
of this chapter is hereby declared a public nuisance and shall be
abated pursuant to all available remedies; and
(20)
Whenever the Cannabis Regulatory Commission established by the
Act (the "Commission") forwards to the municipality any application
for initial licensing or renewal of an existing license for any cannabis
establishment pursuant to section 19 of the Act or for a cannabis
consumption area pursuant to section 28 of P.L. 2019, c. 153 (C. 24:6I-21),
or otherwise solicits the position of the municipality on any matter
related to cannabis-related activities within the municipality, or
upon the request of an applicant for or holder of such license, the
governing body shall determine whether the application complies with
the municipality's restrictions on the number of cannabis establishments
and on their location, manner, or times of operation, and promptly
inform the Commission, and the applicant for or holder of a license
whether the application complies with same and whether it either approves
or denies each application or other request for municipal authorization
forwarded to it. Notwithstanding the forgoing, nothing herein shall
prohibit any elected or appointed official or employee from expressing
their opinions or views on cannabis-related matters in their personal
or individual official capacity, or endorsing an applicant for or
holder of a license issued by the Commission, provided that such official
shall not represent that their opinions or views are those of the
municipality unless based on a duly adopted ordinance or resolution
of the municipality, or other action of a majority of the governing
body.
A.
The conditions set forth in Subsection B below shall apply to all cannabis establishments located in the Empire Boulevard Cannabis Overlay Zone (ECOZ). All other permitted uses located within the ECOZ shall follow the underlying zoning regulations.
B.
Conditions.
(1)
Those cannabis establishments possessing any class of cannabis license
(Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6) issued pursuant
to Section 31b of the New Jersey Cannabis Regulatory, Enforcement
Assistance and Marketplace Modernization Act (P.L. 2021, c. 16), may
operate with the ECOZ;
(2)
No more than one license shall be issued for each class of license
permitted in the RCOZ;
(3)
A cannabis establishment shall be subject to licensing requirements
outlined in Section 131;
(4)
All cannabis establishments shall undergo site plan review by the
Township's Planning Board or, if required, by the New Jersey
Meadowlands Sports and Exposition Authority;
(5)
Unless specifically stated to the contrary herein, cannabis establishments
shall be subject to the "bulk" requirements established for commercial
uses in the underlying zoning;
(6)
In addition to the signage requirements established for commercial
uses in the underlying zone, cannabis establishments shall be also
be subject to the following signage requirements:
(a)
No sign shall be placed on the roof of a building nor placed
on its wall so as to exceed the height of the roof of the building;
(b)
No internally illuminated signs shall be permitted;
(c)
No freestanding signs shall be permitted;
(d)
Only one sign per cannabis establishment is permitted on the
site;
(e)
The sign text shall be on a solid background; and
(f)
The cannabis establishment logo may not include a cannabis plant
leaf or image of other cannabis paraphernalia or cannabis product.
(7)
For purposes of determining required parking, cannabis establishments
shall have a parking requirement of four parking spaces per 1,000
square feet of gross leasable area;
(8)
Cannabis establishments operating in the ECOZ shall be permitted
to conduct its business during the hours of 9:00 a.m. to 7:00 p.m.,
Monday through Saturday. Class 5 Retail Licenses only shall be permitted
to operate on Sunday during the hours of 10:00 a.m. to 6:00 p.m.;
(9)
A cannabis establishment shall not be located within 1,000 feet of
a pre-existing primary or secondary school. The distance shall be
measured from main entrance to main entrance. Early learning centers,
preschools, day care centers, residential care homes, colleges, and
vocational/trade centers shall not be classified as a school for purposes
of this section;
(10)
All activities and storage associated with the cannabis establishment
shall occur within a secured building;
(11)
The cannabis establishment shall provide odor mitigation infrastructure
that will eliminate odor, smoke, gas, or toxic materials which would
impair the quiet use and enjoyment of adjoining lands;
(12)
Drive-through access shall be prohibited;
(13)
No cannabis paraphernalia shall be displayed or kept at the
cannabis establishment so as to be visible from outside the premises;
(14)
No cannabis product shall be smoked, eaten, or otherwise consumed
or ingested on the premises of any cannabis establishment;
(15)
A cannabis establishment shall not be located in a home, apartment,
or condominium;
(16)
If located in a multi-tenant or mixed-use building, the cannabis
establishment shall have a separate entrance where no part of the
cannabis establishment shall be directly accessible from any common
area within the building;
(17)
Applicants for a cannabis establishment shall coordinate with
the Township Chief of Police, or his or her designee, regarding the
measures to be taken to ensure the security of the facility and the
safety of the public and facility employees. Such measures may include,
but are not limited to, facility access controls, access to surveillance
systems, improved site lighting, and on-site law enforcement or security
personnel. Said coordination shall occur in conjunction with any application
for site plan, zoning permit or variance relief for a cannabis establishment
and shall be ongoing, as needed, to address any security or safety
issues;
(18)
Subject to the requirements and limitations of State Law, the
Township of South Hackensack shall have the reasonable right to inspect
the premises of any approved cannabis establishment during its regular
hours of operation to ensure compliance with local ordinances and
regulations;
(19)
Operation of any prohibited or unpermitted cannabis business
establishment within the municipality in violation of the provisions
of this chapter is hereby declared a public nuisance and shall be
abated pursuant to all available remedies; and
(20)
Whenever the Cannabis Regulatory Commission established by the
Act (the "Commission") forwards to the municipality any application
for initial licensing or renewal of an existing license for any cannabis
establishment pursuant to section 19 of the Act or for a cannabis
consumption area pursuant to section 28 of P.L. 2019, c. 153 (C. 24:6I-21),
or otherwise solicits the position of the municipality on any matter
related to cannabis-related activities within the municipality, or
upon the request of an applicant for or holder of such license, the
governing body shall determine whether the application complies with
the municipality's restrictions on the number of cannabis establishments
and on their location, manner, or times of operation, and promptly
inform the Commission, and the applicant for or holder of a license
whether the application complies with same and whether it either approves
or denies each application or other request for municipal authorization
forwarded to it. Notwithstanding the forgoing, nothing herein shall
prohibit any elected or appointed official or employee from expressing
their opinions or views on cannabis-related matters in their personal
or individual official capacity, or endorsing an applicant for or
holder of a license issued by the Commission, provided that such official
shall not represent that their opinions or views are those of the
municipality unless based on a duly adopted ordinance or resolution
of the municipality, or other action of a majority of the governing
body.
A.
The conditions set forth in Subsection B below shall apply to all cannabis establishments located in the Ruta Court Cannabis Overlay Zone (RCOZ). All other permitted uses located within the RCOZ shall follow the underlying zoning regulations.
B.
Conditions.
(1)
Those cannabis establishments possessing any class of cannabis license
(Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6) issued 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 RCOZ;
(2)
No more than one license shall be issued for each class of license
permitted in the ECOZ;
(3)
A cannabis establishment shall be subject to licensing requirements
outlined in Section 131;
(4)
All cannabis establishments shall undergo site plan review by the
Township's Planning Board;
(5)
Unless specifically stated to the contrary herein, cannabis establishments
shall be subject to the "bulk" requirements established for commercial
uses in the underlying zoning;
(6)
In addition to the signage requirements established for commercial
uses in the underlying zone, cannabis establishments shall be also
be subject to the following signage requirements:
(a)
No sign shall be placed on the roof of a building nor placed
on its wall so as to exceed the height of the roof of the building;
(b)
No internally illuminated signs shall be permitted;
(c)
No freestanding signs shall be permitted;
(d)
Only one sign per cannabis establishment is permitted on the
site;
(e)
The sign text shall be on a solid background; and
(f)
The cannabis establishment logo may not include an image of
a cannabis leaf, cannabis paraphernalia, or cannabis product.
(7)
For purposes of determining required parking, cannabis establishments
shall have a parking requirement of four parking spaces per 1,000
square feet of gross leasable area;
(8)
Cannabis establishments operating in the ECOZ shall be permitted
to conduct its business during the hours of 9:00 a.m. to 7:00 p.m.,
Monday through Saturday. Class 5 Retail Licenses only shall be permitted
to operate on Sunday during the hours of 10:00 a.m. to 6:00 p.m.;
(9)
A cannabis establishment shall not be located within 1,000 feet of
a pre-existing primary or secondary school. The distance shall be
measured from main entrance to main entrance. Early learning centers,
preschools, day care centers, residential care homes, colleges, and
vocational/trade centers shall not be classified as a school for purposes
of this section;
(10)
All activities and storage associated with the cannabis establishment
shall occur within a secured building;
(11)
The cannabis establishment shall provide odor mitigation infrastructure
that will eliminate odor, smoke, gas, or toxic materials which would
impair the quiet use and enjoyment of adjoining lands;
(12)
Drive-through access shall be prohibited;
(13)
No cannabis paraphernalia shall be displayed or kept at the
cannabis establishment so as to be visible from outside the premises;
(14)
No cannabis product shall be smoked, eaten, or otherwise consumed
or ingested on the premises of any cannabis establishment;
(15)
A cannabis establishment shall not be located in a home, apartment,
or condominium;
(16)
If located in a multi-tenant or mixed-use building, the cannabis
establishment shall have a separate entrance where no part of the
cannabis establishment shall be directly accessible from any common
area within the building;
(17)
Applicants for a cannabis establishment shall coordinate with
the Township Chief of Police, or his or her designee, regarding the
measures to be taken to ensure the security of the facility and the
safety of the public and facility employees. Such measures may include,
but are not limited to, facility access controls, access to surveillance
systems, improved site lighting, and on-site law enforcement or security
personnel. Said coordination shall occur in conjunction with any application
for site plan, zoning permit or variance relief for a cannabis establishment
and shall be ongoing, as needed, to address any security or safety
issues.
(18)
Subject to the requirements and limitations of State Law, the
Township of South Hackensack shall have the reasonable right to inspect
the premises of any approved cannabis establishment during its regular
hours of operation to ensure compliance with local ordinances and
regulations.
(19)
Operation of any prohibited or unpermitted cannabis business
establishment within the municipality in violation of the provisions
of this chapter is hereby declared a public nuisance and shall be
abated pursuant to all available remedies.
(20)
Whenever the Cannabis Regulatory Commission established by the
Act (the "Commission") forwards to the municipality any application
for initial licensing or renewal of an existing license for any Cannabis
Establishment pursuant to section 19 of the Act or for a cannabis
consumption area pursuant to section 28 of P.L. 2019, c. 153 (C. 24:6I-21),
or otherwise solicits the position of the municipality on any matter
related to cannabis-related activities within the municipality, or
upon the request of an applicant for or holder of such license, the
governing body shall determine whether the application complies with
the municipality's restrictions on the number of cannabis establishments
and on their location, manner, or times of operation, and promptly
inform the Commission, and the applicant for or holder of a license
whether the application complies with same and whether it either approves
or denies each application or other request for municipal authorization
forwarded to it. Notwithstanding the forgoing, nothing herein shall
prohibit any elected or appointed official or employee from expressing
their opinions or views on cannabis-related matters in their personal
or individual official capacity, or endorsing an applicant for or
holder of a license issued by the Commission, provided that such official
shall not represent that their opinions or views are those of the
municipality unless based on a duly adopted ordinance or resolution
of the municipality, or other action of a majority of the governing
body.
