No person, firm, corporation or other entity shall own or operate a cannabis establishment, cannabis distributor or cannabis delivery service without first having acquired a properly adopted resolution of local support and a zoning compliance affidavit in accordance with the provisions of this Chapter.
A.
Application. All applicants requesting proof of local support required under the CREAMM Act shall submit a completed application form and supply all items requested by local officials in a manner prescribed by the Borough. Said application must include a non-refundable fee of $2,500 for the administrative review of the applicant's concept plan, and any other information deemed necessary to determine the suitability of the specific cannabis establishment, cannabis distributor and/or cannabis delivery service and activities related to its business operations for the proposed cannabis facility.
B.
An application for a resolution of local support shall be deemed incomplete, and shall not be processed by the Borough, until all documents and application fees are submitted. In order to be deemed complete, the applicant shall submit a fully executed application and proof of all of the following:
(1)
The proposed location of the cannabis facility, including a copy of a concept plan and proof that the applicant has or will have lawful possession of the premises proposed for the cannabis facility, which proof may consist of a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing;
(2)
An description as to why the proposed location of the cannabis facility is an appropriate location;
(3)
Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, retail pharmacies, or other relevant industries with preference to experience operating such businesses within the State of New Jersey;
(4)
Applicant's business plan, including the value proposition for consumers, an overview of proposed financing for the business, product(s), market analysis, its regulatory compliance plan, and its ability to obtain liability insurance;
(5)
A description of the proposed business activities/operations to be conducted at the cannabis facility, including all principal and accessory uses;
(6)
Applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in law enforcement and drug enforcement;
(7)
A summary of the applicant's plans for storage of products and currency, physical security at the cannabis facility, video surveillance, security personnel, and visitor management;
(8)
Summary of the applicant's environmental impact, mitigation and sustainability plan, including water management practices, odor mitigation practices, pest control and disease management practices (pesticides, nutrients, and additives), solid and hazardous waste disposal practices, and use of renewal energy;
(9)
A description of the applicant's commitment to the local community and commitment to social responsibility; and
(10)
Any other information which the applicant feels would be relevant to the Borough's evaluation of the suitability of issuing a resolution of local support.
C.
All applications for a resolution of local support shall be subject to review by Borough officials and, if deemed necessary, the Redevelopment Committee. Borough officials and/or the Redevelopment Committee shall issue its recommendations to the Borough Council who shall adopt a resolution to either approve or deny the request of support, which may include conditions for approval. The Borough Council reserves the right to reject any application for any reason at its sole discretion.
D.
Land-use compliance required. The adoption of a resolution of local support does not constitute a zoning permit or land use approval and no property or part thereof hereafter may be used and no building or part thereof hereafter may be demolished, erected, constructed, reconstructed, moved, extended, converted, altered, maintained or used except upon receipt of all applicable permits, licenses, and other approvals and in conformity with the provisions of this chapter, Ordinance No. 09.22, as may be amended, Borough ordinances, and all other applicable government requirements, conditions, and approvals.
F.
Appeal. In the event of the denial of a resolution of local support, the applicant may appeal to the Borough Council for a hearing. The appeal shall be filed, in writing, with the Borough Clerk within 14 calendar days after notification of the denial. The Borough Council shall hold its hearing within 30 calendar days thereafter, and its decision shall be final.