Andover Township City Zoning Code
ARTICLE XVII
Cannabis Cultivation and Processing
§ 190-119 Definitions.
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. This person or entity shall hold a Class 1 cannabis cultivator license.
The transportation of cannabis items to and from licensed cannabis establishments, or home delivery of cannabis-items-related supplies to a retail consumer.
A business or organization owned and controlled by a license holder that holds a Class 4 cannabis distributor license.
A cannabis (grower) cultivator (also referred to as a "cannabis cultivation facility"), a cannabis (processor) manufacturer (also referred to as a "cannabis product manufacturing facility"), a cannabis wholesaler, or a cannabis retailer.
Any building used in association with cannabis cultivation, manufacturing, wholesale or distribution.
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. This person or entity shall hold a Class 2 cannabis manufacturer license.
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 license issued under relevant state law, including a license that is designated as either:
The classifications and definitions shall be defined pursuant to N.J.S.A. 24:61-31 et seq. 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.
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" does not include packaging or labeling.
§ 190-120 Cannabis cultivators, establishments and manufacturers.
[Amended 11-3-2022 by Ord. No. 2022-20; 3-6-2025 by Ord. No. 2025-05]
A.
Cannabis Class 1, 2, 3 and 4 as set forth above shall be permitted in all nonresidential zones subject to the following:
(1)
Minimum lot size. Minimum lot size is five acres.
(2)
Eligible locations. Cannabis facilities shall be at least 200 feet from any residential building; 200 feet from any parks or trails; and 200 feet from any school building. Distance shall be measured from nearest building wall to building wall for residential buildings and school buildings. Parks or trails shall be measured from cannabis building facility to nearest park or trail property line.
(3)
Buildings All cannabis shall be enclosed in heated/air-conditioned buildings, not in greenhouses, hoop houses or outdoors, except as otherwise permitted pursuant to § 190-121, below.
(4)
Fencing. Cannabis facilities utilized for any growing, production or manufacturing shall be enclosed by a security fence with a height of eight feet, which height shall be permitted for cannabis facilities.
(5)
Odor control. Except as otherwise permitted pursuant to § 190-121, below, any cannabis 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 shall be monitored on an annual basis at the discretion of the Township by a licensed, qualified contractor chosen by the Township at a cost that should be paid for by the property owner.
(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 32 square feet.
(7)
Site plan approval. Complete site plan and checklist approval is required as per the Township Code. The applicant shall submit, including, but not limited to, the following: a safety and security plan, emergency services access plan, hazardous materials inventory, environmental impact statement and waste control plan.
(8)
State license. Any cannabis facility must have a valid license to operate from the State of New Jersey and the Township of Andover.
(9)
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 Andover.
(10)
Pursuant to N.J.S.A. 24:6I-21, cannabis consumption areas are prohibited from being located within any licensed establishments or within the Township.
B.
Except as otherwise established pursuant to § 190-121, below, Cannabis Class 1, 2, 3 and 4 as set forth above shall be permitted in residential zones subject to the following:
(1)
Minimum lot size: Minimum lot size is five acres.
(2)
(3)
Setback: must meet the setbacks in the zone the property is located in.
(4)
Buildings. All facilities shall be enclosed in heated/air-conditioned buildings, not in greenhouses, hoop houses, or outdoors.
(5)
Fencing. All structures utilized for any growing, production or manufacturing shall be enclosed by a security fence with a height of eight feet.
(6)
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 shall be monitored on an annual basis at the discretion of the Township by a licensed, qualified contractor chosen by the Township at a cost that should be paid for by the property owner.
(7)
Signage. Signs shall be limited to the address, name of the company and emergency contact information located on one ground sign not to exceed 32 square feet.
(8)
Site plan approval. Complete site plan and checklist approval is required as per the Township Code. The applicant shall submit, including, but not limited to, the following: a safety and security plan, emergency services access plan, hazardous materials inventory, environmental impact statement and waste control plan.
(9)
State license. The facility must have a valid license to operate from the State of New Jersey and the Township of Andover.
(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 and the Township of Andover.
(11)
Pursuant to N.J.S.A. 24:6I-21, cannabis consumption areas are prohibited from being located within any licensed establishments or within the Township.
C.
Class 6 cannabis delivery service operating facilities anywhere in the Township are prohibited. In addition, "cannabis consumption areas" as defined by N.J.S.A. 24:6I-33 shall be prohibited throughout the Township.
§ 190-121 Outdoor cultivation.
[Added 3-6-2025 by Ord. No. 2025-05]
A.
Cannabis Class 1 cultivators shall be permitted to participate in outdoor cannabis cultivation, as such terms are defined by, and subject to the rules and restrictions of, N.J.S.A. 24:6I-31 et seq. and Title 17, Chapter 30 of the New Jersey Administrative Code. Cultivation pursuant to this Section shall be subject to all applicable provisions of the Township Code, excepting § 190-120A(2), (3) and (5), and § 190-120B. Additionally, cultivation pursuant to this section shall be permitted only in the Township's Industrial Zones, as established by the official Township Zoning Map, and subject to the below restrictions. Where any provisions in this section are more restrictive than other applicable provisions in the Township Municipal Code, the provisions of this section shall prevail. Where any provisions in this section are less restrictive than other applicable provisions in the Township Municipal Code, the other provisions of the Township Municipal Code shall prevail. For cultivation pursuant to this section, the following restrictions shall apply:
(1)
Minimum lot size: 125 acres.
(2)
Maximum coverage of cultivated land shall not exceed 30% of the tillable land with no more than 2,500 plants per acre.
(3)
Cultivation activity shall be at least 200 feet from any residential building; 200 feet from any parks; and 200 feet from any school building. For residential buildings and school buildings, distance shall be measured from building wall to the physical barrier established by § 190-121A(4). For parks, distance shall be measured from the nearest park property line to the physical barrier established by § 190-121A(4).
(4)
Cultivation may occur in an open expanse of cleared ground fully enclosed by a physical barrier.
(5)
Security. Entire property must conform to all rules and regulations set forth in N.J.A.C. 17:30-9.10.
(6)
Odor control. Odor generated from the outdoor cannabis cultivation area shall not be detectable by a person of reasonable sensitivity at the property line of the subject property. Odor from the outdoor cannabis cultivation area shall be monitored on an annual basis at the discretion of the Township by a licensed, qualified contractor chosen by the Township at a cost that will be paid for by the property owner. Odor mitigation plan may include measures taken to control odor, for example: the planting of odorous non-cannabis plants around the property such as lavender, marigold, and/or calendula.
(7)
Signage. Signs shall be limited to the address, name of the company and emergency contact information located on one ground sign not to exceed 32 square feet. No signage shall be permitted advertising the cultivation taking place on the Property.
(8)
Site plan approval. Complete site plan approval is required for each cultivator as per the Township Code. The applicant shall submit, including, but not limited to, the following: a safety and security plan, emergency services access plan, hazardous materials inventory, environmental impact statement and waste control plan, odor mitigation plan, visual impact mitigation plan.
(9)
Cannabis cultivator must not field dry harvested crops or outdoor processing harvested cannabis on the farm. Harvested cannabis crops must be immediately transported to a State-approved cannabis facility for drying, curing, processing and packaging.
(10)
State and municipal license. The facility must have a valid license to operate from the State of New Jersey and Township of Andover.
B.
State Law supremacy: wherever this or any other section of the Township Municipal Code is in contradiction with the laws and/or the administrative code of the State of New Jersey, as applicable to cannabis Class 1 cultivators, State law shall prevail and shall take precedence over the Township Municipal Code.