[Added 7-14-2021 by Ord. No. 2021-029]
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 article, 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 (N.J.S.A. 24:6I-1 et seq.)
and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.); marijuana as
defined in N.J.S.A. 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 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined
in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to
any offense set forth in the New Jersey Controlled Dangerous Substances
Act, P.L. 1970, c. 226 (N.J.S.A. 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 (N.J.S.A. 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, a cannabis retailer or a cannabis distributor.
Any building or structure used in association with cannabis
cultivation, manufacturing, wholesale, distribution, retail, and/or
delivery.
[Added 7-13-2022 by Ord. No. 2022-030]
A license issued under relevant state law including a license
that is designated as either a:
The term includes a conditional license for a designated class,
except when the context of the provisions of relevant state law otherwise
intend to only apply for a license and not a conditional license.
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.
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 drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
A person or entity license by the Cannabis Regulatory Commission
as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler,
cannabis distributor, cannabis retailer, or cannabis delivery service
that may only, with respect to its business operations, and capacity
and quantity of product:
Employ no more than 10 employees;
Operate a cannabis establishment occupying an area of no more
than 2,500 square feet, and in the case of a cannabis [grower] cultivator,
grow cannabis on an area no more than 2,500 square feet measured on
a horizontal plane and grow above that plane not higher than 24 feet;
Possess no more than 1,000 cannabis plants each month, except
that a cannabis distributor's possession of cannabis plants for
transportation shall not be subject to this limit;
Acquire and process each month, in the case of a cannabis [processor]
manufacturer, no more than 1,000 pounds of usable cannabis [in dried
form];
Acquire for resale each month, in the case of a cannabis wholesaler,
no more than 1,000 pounds of usable cannabis [in dried form], or the
equivalent amount in any [other] form of manufactured cannabis product
or cannabis resin, or any combination thereof; and
Acquire for retail sale each month, in the case of a cannabis
retailer, no more than 1,000 pounds of usable cannabis [in dried form],
or the equivalent amount in any [other] form of manufactured cannabis
product or cannabis resin, or any combination thereof.
Areas larger than one acre used for active recreation that
are owned and managed by a government entity and that have improvements
such as athletic fields, playground equipment and/or pavilions.
[Added 5-18-2022 by Ord. No. 2022-023]
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
A.
Cannabis cultivator, manufacturer, wholesaler and distributors shall
be a permitted use in all zones of the Township of West Milford, with
the exception that no such permitted use shall occur in any residential
zone (LR, R-1, R-2, R-3, R-4, R-1I, R-1PN, SHD/R-2 Zones), and subject
to the following:
[Amended 3-16-2022 by Ord. No. 2022-007; 3-16-2022 by Ord. No. 2022-012]
(1)
Eligible locations: Facilities shall be at least 500 feet from
any parks and 1,000 feet from any schools.
(2)
Lot area: The minimum lot area shall be one acre.
(3)
Setback: The minimum front yard setback shall be 50 feet or
the minimum zone standard, whichever is greater.
(4)
Buildings: All facilities shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses or outdoors.
(5)
Odor control: The facility shall provide an air treatment system
with sufficient odor absorbing ventilation and exhaust systems such
that an odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored on an annual basis
at the discretion of the Township by a licensed, qualified contractor
chosen by the Township. All monitoring costs shall be incurred by
the business.
(6)
Signage: Signs shall be limited to the address, name of the
company and emergency contact information located on one ground sign
not to exceed 24 square feet.
(7)
State license: The facility must have a valid license to operate
from the State of New Jersey.
(8)
Any cannabis facility is subject to compliance with all state
laws, regulations and guidelines with respect to cannabis licenses
issued by the State of New Jersey and the Township of West Milford.
B.
Cannabis
cultivators, manufacturers, wholesalers, and distributors shall be
permitted uses on lots of 10 acres or more in any zone district and
shall adhere to the following special design standards:
[Added 10-5-2022 by Ord. No. 2022-043]
(1)
Eligible
locations. Parcels which are 10 acres or more in all zone districts.
(2)
Greenhouse
cultivation. Greenhouse cannabis cultivation may occur in a greenhouse
with rigid walls, a partial greenhouse or a hoop house or other nonrigid
structure. The following requirements must be met:
(a)
The operator of the greenhouse cultivation must be a licensed Class
1 Cultivator or Class 2 Manufacturer.
(b)
In no case shall a cannabis facility operate or be located on land
that is valued, assessed, or taxed as an agricultural or horticultural
use pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c.
48 (N.J.S.A. 54:42-3.1 et seq.). Properties that are farmland assessed
prior to use for cannabis facilities shall have the farmland assessment
removed prior to commencement of operations.
(c)
The outdoor growing area shall be situated to maintain the greatest
achievable level of privacy and security.
(d)
The outdoor growing area of the property must be securely surrounded
by fencing and locked gates on the entire perimeter, constructed in
accordance with the Uniform Construction Code and the Township Zoning
Code, to prevent access to the grow area by unauthorized persons.
(e)
Locks on gates shall be commercial-grade, nonresidential door locks.
(f)
The outdoor growing area shall be protected by a security system
and twenty-four-hour video surveillance system that is continuously
monitored and capable of detecting power loss, pursuant to N.J.A.C.
17:30-9.10, to ensure surveillance of the entire perimeter of the
growing area and overall portions of the security fences and all gates.
(3)
Setbacks. All principal structures and any associated cannabis facilities, including greenhouses as described in § 500-192B(2), must be set back at least 100 feet from any property line.
(4)
Odor
control. The facility shall provide an air treatment system with sufficient
odor absorbing ventilation and exhaust systems, such that any odor
generated by the cannabis cultivation is not detectable by a person
of reasonable sensitivity at the property line of the subject property.
Greenhouses may use a combination of setbacks and ventilation to mitigate
odor. Odor from the facility maybe monitored on an annual basis at
the discretion of the Township by a licensed, qualified contractor
chosen by the Township, and at the expense of the cannabis licensee.
[Amended 3-16-2022 by Ord. No. 2022-007; 3-16-2022 by Ord. No. 2022-012; 10-4-2023 by Ord. No. 2023-026]
A.
Cannabis retailer shall be a permitted use in all zones of the Township
of West Milford, with the exception that no such permitted use shall
occur in any residential zone (LR, R-1, R-2, R-3, R-4, R-1I, R-1PN,
SHD/R-2 Zones), and subject to the following:
(1)
Eligible locations: Facilities shall be at least 500 feet from
any parks and 1,000 feet from any schools.
(2)
Location: Cannabis retailers shall be separate and distinct
from growing operations.
(3)
Buildings: All cannabis retailers shall be enclosed in heated/air-conditioned
permanent buildings, not trailers, outdoors, movable kiosks, etc.
(4)
Signage: Signs shall be limited to location identification/name
of business. Signage shall not promote consumption of any cannabis
products.
(5)
Site plan approval: When seeking site plan approval, the applicant
for cannabis retailers services shall submit a safety and security
plan and emergency services access plan.
(6)
Accessibility: Any cannabis retailer shall only have one primary
public access point, which shall be directly adjacent to the right-of-way
or parking area of the building. Access should not be through common
entrances with other uses.
(7)
Hours of operation for cannabis retailers shall be limited to
9:00 a.m. to 10:00 p.m.
(8)
Interior security: Cannabis retailers interiors shall provide
a secure location for storage of products with minimum products in
any customer service area.
(9)
Exterior loitering and security: People shall not be permitted
to congregate outside of a cannabis retailer, loiter or wait in line
to access the cannabis retailer. The facility shall have a plan in
place if interior capacity is exceeded, i.e., numbers are given and
customers wait in their vehicles until called.
(10)
Product consumption: No products shall be permitted to be consumed
on-site.
(11)
State license: The facility must have a valid license to operate
from the State of New Jersey.
(12)
Any cannabis facility is subject to compliance with all state
laws, regulations and guidelines with respect to cannabis licenses
issued by the State of New Jersey and the Township of West Milford.
(13)
Walk-up or service windows ("curbside retail sales"): Licensed
cannabis retailers are permitted to operate walk-up windows subject
to the following regulations:
(a)
Service windows must comply with N.J.A.C. 17:30-14.4, Curbside
retail sales.
(b)
Walk-up windows shall be used only for online pickup orders
placed prior to the customer arriving on-site.
(c)
An informational sign must be posted at each walk-up window,
in a place visible to customers utilizing the service window, informing
customers of the retailer's procedures for walk-up windows and
the legal age to purchase cannabis products.
(d)
Walk-up windows must remain securely closed at all times except
when opened to take an order or complete a transaction. The window
must not be left open when unattended. When the service window is
closed to the public, the window must be secured using security shutters.
(e)
Procedure: The cannabis retailer shall establish a process for
the utilization of the walk-up window, to include at least the following
and in accordance with N.J.A.C. 17:30-14.4:
[1]
Customers must have their government-issued identification
and online order confirmed.
[2]
As required by N.J.A.C. 17:30-14.3(d)1 through
5, the employee will confirm that the customer has not exceeded the
daily allowed limit of cannabis products.
[3]
A secure method to transfer payment and product(s)
must be established.
(f)
The receipt given to the customer must include the company's
name, address, license number, telephone number, the date of retail
sale, and the cannabis items purchased and their prices, the customer's
ID, and all information as required by N.J.A.C. 17:30-14.3.
(g)
The cannabis retailer shall have a process in place to avoid
the formation of a queue of customers at the walk-up window.
A.
Cannabis delivery shall be a permitted use in all zones of the Township
of West Milford, with the exception that no such permitted use shall
occur in any residential zone (LR, R-1, R-2, R-3, R-4, R-1I, R-1PN,
SHD/R-2 Zones), and subject to the following:
[Amended 3-16-2022 by Ord. No. 2022-007; 3-16-2022 by Ord. No. 2022-012]
(1)
Eligible locations: Facilities shall be at least 500 feet from
any parks and 1,000 feet from any schools.
(2)
Location: Cannabis delivery shall be separate and distinct from
growing operations.
(3)
Buildings: All cannabis delivery services shall be enclosed
in heated/air-conditioned permanent buildings, not trailers, outdoors,
movable kiosks, etc.
(4)
Signage: Signs shall be limited to location identification/name
of business. Signage shall not promote consumption of any cannabis
products.
(5)
Site plan approval: When seeking site plan approval, the applicant
for cannabis delivery services shall submit a safety and security
plan and emergency services access plan.
(6)
Interior security: Cannabis delivery services interiors shall
provide a secure location for storage of products.
(7)
Exterior loitering and security: Customers shall not be permitted
to pick up products from a cannabis delivery service.
(8)
Product consumption: No products shall be permitted to be consumed
on-site.
(9)
State license: The facility must have a valid license to operate
from the State of New Jersey.
(10)
Any cannabis facility is subject to compliance with all state
laws, regulations and guidelines with respect to cannabis licenses
issued by the State of New Jersey.
[Added 7-13-2022 by Ord. No. 2022-030]
A.
Permitted
uses. Cannabis cultivators, manufacturers, wholesalers, distributors,
retailers, and delivery services shall be a permitted use on all properties
within the Cannabis Establishment Overlay Zone subject to the criteria
outlined in this section.
B.
Cannabis
cultivators, wholesalers, manufacturers, retailers, and delivery.
(2)
Area and yard requirements.
(a)
Lot area: The minimum lot area shall be two acres in residential
zones, otherwise the underlying zone's minimum lot size shall apply.
(b)
Setback: The minimum front yard setback shall be 50 feet or the minimum
zone standard, whichever is greater.
(c)
Screening: Screening must be implemented if any cannabis facility
is within 50 feet, measured from building-to-building, of a residential
use.
(d)
Buildings: All facilities shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses, or outdoors.
(e)
Odor control: The facility shall provide an air treatment system
with sufficient odor absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility may be monitored on an annual basis
at the discretion of the Township by a licensed, qualified contractor
chosen by the Township. The cannabis establishment owner shall pay
for the cost of odor monitoring.
(f)
Signage: Signs shall be limited to the address, name of the company
and emergency contact information located on one ground sign not to
exceed 24 square feet.
(g)
State license: The facility must have a valid license to operate
from the State of New Jersey.
C.
Any
cannabis facility is subject to compliance with all state laws, regulations
and guidelines with respect to cannabis licenses issued by the State
of New Jersey and the Township of West Milford.
