Boonton Township City Zoning Code
ARTICLE XXXII
Conditional Uses
§ 102-184 General provisions.
Pursuant to P.L. 1975, c. 291,[1] the Planning Board may grant conditional uses wherever herein permitted in this chapter. Application for a conditional use shall be made in accordance with the procedures set forth in Part 3 for preliminary subdivision plat approval, and the Planning Board shall act on the application in accordance with said procedures for preliminary subdivision plat approval. Application for a conditional use shall be granted unless the same will be detrimental to the health, safety and general welfare of the community, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community. Requirements for conditional uses provided for in this Part 9 shall be as follows.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 102-185 Public utilities.
The following shall apply to public utility buildings and facilities:
A.
The minimum lot area for the zone district in which the use is located shall be met, but in no event shall said lot area be less than two acres.
B.
All yard, setback and height requirements of the zone district shall be met; provided, however, that no yard shall be less than the height of the facility, nor shall any facility be located within 100 feet of a residential district boundary line.
C.
Adequate off-street parking shall be provided. Parking areas and driveways shall meet parking setback requirements of the zone district.
D.
There shall be a minimum distance between buildings of 25 feet, but no less than the height of the shorter building.
E.
Fencing or screening shall be provided as required by the Planning Board.
F.
Building design shall be consistent with the character of the neighborhood in which the use is to be located.
§ 102-186 Schools.
The following shall apply to public and private schools teaching academic subjects:
A.
No building shall exceed the height limit of its zone district.
B.
There shall be a minimum lot area as required by the zone district or two acres, whichever is larger, and a minimum street frontage of 200 feet.
C.
All buildings shall be located at least 50 feet from a street, at least 50 feet from a side property line and 75 feet from a rear property line.
D.
Any property so used shall front on an arterial or collector street.
§ 102-187 Hospices.
The following shall apply to hospices:
A.
No building shall exceed 35 feet in height.
B.
There shall be a minimum lot area of five acres measured within 600 feet of the front street right-of-way. No lot shall contain less than one acre for each 10 resident patients, and no facility may house more than 200 resident patients.
C.
All buildings shall be located at least 100 feet from a street or property line.
D.
Any property so used shall front on a major street.
E.
All parking areas and driveways shall be located at least 25 feet from a street or property line and at least 10 feet from a building.
F.
There shall be a minimum distance between buildings of 25 feet, but not less than the height of the taller building.
G.
Fencing and screening shall be provided as required by the Planning Board.
§ 102-188 Hospitals.
The following shall apply to hospitals:
A.
No building shall exceed 60 feet in height; provided, however, that service equipment structures limited to 10 feet above said sixty-foot height limitation are permitted if said structures do not exceed a total area of 25% of the aggregate roof area of all buildings on the lot, and said structures have a setback from the wall of any building not less than one foot for every two feet of height of said structures.
B.
There shall be a minimum lot area of five acres measured within 600 feet of the front street right-of-way.
C.
All buildings shall be located at least 100 feet from a street or property line, but not less than two feet for every foot of building height.
D.
Any property so used shall front on a major street.
E.
All parking areas and driveways shall be located at least 25 feet from a street or property line and at least 10 feet from a building.
F.
There shall be a minimum distance between buildings of 25 feet from a street or property line and at least 10 feet from a building.
G.
Fencing or screening shall be provided as required by the Planning Board.
§ 102-189 Places of worship.
The following shall apply to places of worship:
A.
No building shall exceed the height limit of its zone district, except that spires, belfries and similar appurtenances may extend to twice the height limit of the zone.
B.
There shall be a minimum lot area of five acres, measured within 600 feet of the front street right-of-way.
C.
All buildings shall be located at least 100 feet from a street or residential district property line, at least 25 feet from a side property line and 100 feet from a rear property line.
D.
Any property so used shall front on a county or primary municipal road.
E.
Off-street parking shall be provided in accordance with Schedule F.[1] All parking areas and driveways shall be located at least 50 feet from a residential district property line, at least 25 feet from any other property line or from a street and at least 10 feet from a building.
[1]
Editor's Note: Schedule F is located at the end of this chapter.
F.
There shall be a minimum distance between buildings of 25 feet, but not less than the height of the shorter building.
G.
Fencing or screening shall be provided as required by the Planning Board.
H.
Building design shall be consistent with the character of the neighborhood in which the use is to be located.
§ 102-190 Mixed-income housing. [1]
[Added 3-14-2016 by Ord. No. 845; 12-9-2019 by Ord. No. 880]
A.
Purpose. The purpose of this conditional use for the Retail Business Zone District is to permit multifamily residential use with a mandatory set-aside of 20% of the total units for low- and moderate-income households.
B.
Minimum lot area. There shall be a minimum lot area of 1 1/2 acres.
C.
Maximum density. Maximum permitted density shall be 15 units per acre.
D.
Affordable units. Twenty percent of the total units, whether rental or owner-occupied, shall be set aside for low- and moderate-income households, with at least 50% of said units reserved for low-income households. Affordability controls, affirmative marketing, and all related components associated with qualifying the units for affordable housing credits in the Township's Housing Element and Fair Share Plan shall comply with rules and regulations established by the Council on Affordable Housing or its successor, or a court of competent jurisdiction.
E.
Maximum coverage. The total ground floor area of all buildings shall not exceed 25% of the lot area of the development. The total area of all impervious surfaces, including buildings, shall not exceed 60% of the lot area of the development.
G.
Distance between buildings. Minimum distances, as specified below, shall be maintained between principal buildings as follows:
Positions of Building Walls | Minimum Distance Between Buildings at Any Point (feet) |
|---|---|
Front facing front | 65 |
Front facing rear | 65 |
Front facing side | 65 |
Rear facing rear | 50 |
Rear facing side | 25 |
Side facing side | 25 |
H.
Building requirements.
(1)
Height. No building structure shall exceed a height of three stories, excluding surface-level parking, or 40 feet.
(2)
Length of building. No building shall exceed a length of 200 feet.
(3)
Units per building. No building shall contain more than 20 dwelling units.
(4)
Dispersal of low- and moderate-income housing units. Low- and moderate-income housing units shall be interspersed with market-rate units throughout the building(s) and no building shall be devoted exclusively to low- and moderate-income housing units.
I.
Accessory buildings.
(1)
Setbacks. Accessory buildings shall not be located within the required front yard setback area and shall maintain a minimum distance of 25 feet to principal building(s) and 10 feet to side and rear lot lines.
(2)
Height. The maximum height of an accessory building shall be 30 feet.
(3)
Design. Architectural design and materials used in the construction of accessory buildings shall conform to or complement those used in the construction of principal buildings.
[1]
Editor's Note: Former § 102-190, Community shelters for more than six victims of domestic violence, was repealed 5-21-2001 by Ord. No. 637.
§ 102-191 Golf courses.
The following shall apply to public and private golf courses:
A.
All outdoor activities shall be conducted only during daylight hours.
B.
There shall be a minimum lot area of 25 acres.
C.
All buildings shall be located at least 200 feet from a street or property line.
D.
Off-street parking sufficient to meet the needs of the specific use shall be provided. Parking areas and driveways shall be located at least 25 feet from a street or property line.
E.
Except for golf fairways, all sports and recreation facilities shall be located at least 50 feet from a street or property line.
F.
Public address systems and the use of loudspeakers, noisemaking devices or similar devices are prohibited.
G.
Fencing or screening shall be provided as required by the Planning Board.
§ 102-192 Multiple uses.
The following shall apply to multiple principal uses in the BP Zone:
A.
There shall be a minimum lot area of 50 acres; provided, however, that where alternative conditions established by § 102-136, Schedule of zoning requirements, apply, the minimum lot area shall be as required by those alternative conditions.
[Amended 9-24-2001 by Ord. No. 644]
B.
The property may contain more than one principal building, and individual buildings may contain more than one principal use.
C.
There shall be at least one major use occupying at least 75,000 square feet of floor area, which need not all be located in the same building, except that where the largest, existing single use under alternative conditions established by § 102-136, Schedule of zoning requirements, occupies less than 75,000 square feet, the minimum floor area occupied by such major use shall be that which so existed on or prior to April 11, 2001.
[Amended 9-24-2001 by Ord. No. 644]
D.
No single use shall occupy less than 1,000 square feet of floor area.
F.
No outdoor storage of commercial vehicles may be considered for a conditional use unless it is associated with an on-site business occupying more than 2,500 square feet of floor area.
[Added 10-10-2023 by Ord. No. 927]
§ 102-192.1 Wireless telecommunications towers.
[Added 12-27-2000 by Ord. No. 626[1]]
A.
Locational priority. If needed in accordance with an overall comprehensive plan for the provision of full wireless telecommunications service within the Boonton Township area, wireless telecommunications towers, where permitted as a conditional use, shall be located in accordance with the following prioritized locations:
(1)
The first priority location shall be collocation on existing wireless telecommunications towers (or existing water tanks), provided that the new installation does not increase the height by more than 10%; and
(2)
The second priority location shall be on lands or structures owned by public entities; and
(3)
The third priority location shall be such locations as the applicant proves are essential to provide required service to the Boonton Township area.
B.
Collocation policy.
(1)
An applicant to construct a wireless telecommunications tower shall present documentary evidence regarding the need for cellular antennas within the Township of Boonton. This information shall identify the wireless network layout and coverage areas to demonstrate the need for such equipment within the Township.
(2)
An applicant proposing to erect a new wireless telecommunications tower shall provide documentary evidence that a legitimate attempt has been made to locate the antennas on existing buildings or structures or collocation sites. Such evidence shall include a radio frequency engineering analysis of the potential suitability of existing buildings or structures or collocation sites in the search area for such antennas. Efforts to secure such locations shall be documented through correspondence between the wireless telecommunications provider and the property owner(s) of the existing buildings or structures or collocation sites. The Township reserves the right to engage a professional radio frequency engineer to review such documentation.
(3)
Applicants proposing to construct new wireless telecommunications towers shall document the locations of all existing telecommunications towers within Boonton Township and surrounding areas with coverage in the Township and any changes proposed within the following twelve-month period, including plans for new locations and the discontinuance or relocation of existing facilities. Applicants shall provide competent testimony by a radio frequency engineer regarding the suitability of potential locations in light of the design of the wireless telecommunications network. Where a suitable location on an existing tower is found to exist, but an applicant is unable to secure an agreement to collocate its equipment on such tower, the applicant shall provide written evidence of correspondence with the owner of such tower verifying that suitable space is not available on the existing tower(s). Where an applicant to construct a new tower is not a wireless service provider, the applicant shall prove that adequate wireless telecommunications services, sufficient to meet the requirements of the Telecommunications Act of 1996, cannot be provided without the proposed tower.
(4)
Site location alternative analysis. Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
(a)
How the proposed location of the wireless telecommunications tower relates to the objective of providing full wireless communication services within the Boonton Township area at the time full service is provided by the applicant throughout the Boonton Township area;
(b)
How the proposed location of the proposed wireless telecommunications tower relates to the location of any existing antennas within and near the Boonton Township area;
(c)
How the proposed location of the proposed wireless telecommunications tower relates to the anticipated need for additional antennas within and near the Boonton Township area by the applicant and by other providers of wireless communications services within the Boonton Township area;
(d)
How the proposed location of the proposed wireless telecommunications tower relates to the objective of collocating the antenna of many different providers of wireless communications services on the same wireless telecommunications tower; and
(e)
How the applicant's plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within the Boonton Township area.
[Amended 12-27-2000 by Ord. No. 626]
(5)
The Planning Board or Zoning Board, as is appropriate, may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis. The service provider shall bear the reasonable costs associated with such consultation.
C.
Height and setbacks. When an applicant to construct a wireless telecommunications tower demonstrates to the satisfaction of the reviewing agency that suitable locations on existing buildings or structures either do not exist or are not available, the applicant may erect a new following requirements:
[Amended 12-27-2000 by Ord. No. 626]
(1)
Minimum setback of tower: a distance equal to the height of the tower.
(2)
Minimum setback of any equipment compound: same as for principal buildings in the zone.
(3)
Maximum tower height: not higher than as demonstrated to be essential according to a radio frequency analysis and to encourage collocation, when visually appropriate
(4)
Maximum equipment building height: 12 feet.
D.
Distance. Wireless telecommunications towers shall not be erected within 5,280 feet of any other existing or approved communications tower or within 1,500 feet of any historic district or any historic site listed or designated as eligible for listing on the National and/or State Register of Historic Places.
[Amended 12-27-2000 by Ord. No. 626]
E.
Antenna modifications and tower certification. Wireless telecommunications towers must be constructed to the Electronic Industries Association/Telecommunications Industries Association (EIA/TIA) Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended. Operators of wireless telecommunications towers shall provide to Boonton Township a biannual report from a licensed professional engineer certifying the structural integrity of the tower, together with all antennas mounted thereon, and that they meet applicable minimum safety requirements. Such report shall also be provided whenever antenna arrays are modified and shall include a detailed listing of all antennas and equipment so certified. Vendors shall also be required to notify Boonton Township when the use of such antennas and equipment is discontinued. If the biannual report discloses that the condition of any tower presents an imminent hazard to the public health, safety and welfare, the Township Engineer shall order the owner of the tower to take appropriate corrective action, including, if necessary, the removal of the tower to protect the public health, safety and welfare. Wireless telecommunications towers shall be maintained to assure their continued structural integrity. The owner of the tower shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
F.
Abandonment and removal. Wireless telecommunications towers and equipment which are not operated for wireless telecommunications purposes for a continuous period of six months shall be considered abandoned and shall be removed by the facility owner at its cost. This removal shall occur within 90 days of the end of such six-month period. If such wireless telecommunications tower is not removed within said 90 days, the municipality may remove such tower at the owner's expense. If the facility is to be retained, the owner shall provide proof that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. Upon removal, the site shall be cleaned, restored and revegetated to blend with the existing surrounding vegetation at time of abandonment. The facility owner shall post a bond at the time that a construction permit is issued to cover the costs of tower removal and site restoration. The amount of the bond shall have taken into consideration cost escalations.
G.
Collocation required. Authorization for the construction for a new wireless telecommunications tower shall be conditioned on agreement by the tower owner that other wireless service providers will be permitted to collocate on the proposed tower within the limits of structural and radio frequency engineering requirements and at rates which reflect the fair market price for such service. As part of the application for tower approval, the applicant shall document the extent to which additional equipment could be mounted on the tower and the types of equipment which could be accommodated. Ordinance limitations on the number of structures on a lot shall not apply where existing wireless telecommunications towers and equipment are already located on buildings or structures already thereon.
[Added 12-27-2000 by Ord. No. 626]
H.
Monopole construction. Monopole tower construction shall be utilized in all cases except where it can be conclusively demonstrated that a monopole construction is not suitable for a specific location or application or that a different type tower is necessary for the collocation of additional antennas on the tower.
[Amended 12-27-2000 by Ord. No. 626]
I.
Fencing and other safety devices. Wireless telecommunications towers and equipment buildings and compounds shall be enclosed by a solid, wooden fence or a chain link fence at least seven feet and no more than eight feet high and shall include a locking security gate, all as approved by the Township Engineer. All towers shall be designed with anticlimbing devices in order to prevent unauthorized access. Additional safety devices shall be permitted or required, as needed, and as approved by the Planning or Zoning Board as may be necessary.
[Amended 12-27-2000 by Ord. No. 626]
J.
Landscaping. Landscaping shall be provided along the outside of the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and the public right-of-way. Required front yard setbacks shall be landscaped. All equipment buildings and compounds shall be screened in accordance with § 102-171.1.
[Amended 12-27-2000 by Ord. No. 626]
K.
Signs. Signs shall not be permitted except for signs displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted on any wireless telecommunications tower or equipment building.
L.
Color. Wireless telecommunications towers shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration (FAA). Wireless telecommunications towers and antennas shall comply with the provisions of § 102-171.1A(4).
[Amended 12-27-2000 by Ord. No. 626]
M.
Activity and access. To the greatest extent possible, all equipment shall be designed and automated to the greatest extent possible in order to reduce the need for on-site maintenance and thereby to minimize the need for vehicular trips to and from the site. Access shall be limited to locations designated on an approved site plan. Minimal off-street parking shall be permitted as needed and as approved by the Planning Board.
[Amended 12-27-2000 by Ord. No. 626]
N.
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna exceed six feet.
O.
Lighting. No lighting is permitted except as follows:
(1)
Equipment buildings and compounds may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
(2)
No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded from adjacent and nearby properties.
[Amended 12-27-2000 by Ord. No. 626]
Q.
Radio frequency emissions. The FTA gives the FCC sole jurisdiction of the field of regulation of radio frequency (RF) emission, and wireless telecommunications towers which meet the FCC standards shall not be conditioned or denied on the basis of RF impacts. Applicants shall provide current FCC information concerning wireless telecommunication towers and radio frequency emission standards. Applicants for wireless telecommunication towers shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
[1]
Editor's Note: Section 8 of this ordinance provided for the following: "Wireless telecommunications towers in existence on the date of the adoption of this ordinance (nonconforming wireless telecommunications towers) are subject to the following provisions:
1. Nonconforming wireless telecommunications towers may continue in use for the purpose now used, but may not be expanded without complying with this ordinance.
2. Nonconforming wireless telecommunications towers which are partially damaged or destroyed due to any reason or cause may be repaired and restored to their former use, location and physical dimensions subject to obtaining a building permit therefor, but without otherwise complying with this ordinance. If this destruction is greater than partial, then repair or restoration will require compliance with this ordinance.
3. The owner of any nonconforming wireless telecommunications towers may repair, rebuild and/or upgrade (but not expand such wireless telecommunications towers or increase its height or reduce its setbacks) in order to improve the structural integrity of the facility, to allow the facility to accommodate collocated antennas or facilities or to upgrade the facilities to current engineering, technological or communications standards without having to conform to the provisions of this ordinance."
§ 102-192.2 Cannabis cultivators, manufacturers, wholesalers and distributors permitted in certain zones; cannabis retailers and delivery service locations prohibited.
[Added 8-9-2021 by Ord. No. 898]
A.
Purpose. The purpose of this section is to prohibit the operation of any Class 1 cannabis cultivation; Class 2 cannabis manufacturing, Class 3 cannabis wholesale, Class 4 cannabis distributor establishments within the Township of Boonton except by a preexisting licensed alternative treatment center actively operating at a presently licensed and approved location within the Township of Boonton pursuant to a valid and current medical cannabis permit previously issued and approved by the State of New Jersey, Department of Health, Division of Medicinal Marijuana and the Township of Boonton 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 seq.) prior to February 22, 2021. In addition, the purpose of this section is to make clear that the operation of any Class 5 cannabis retail establishments and the premises of any Class 6 cannabis delivery services is prohibited from operating within the Township under any circumstances.
B.
Applicability and exceptions.
(1)
The provisions herein shall apply to all persons and entities proposing to operate as any class(es) of cannabis establishments, cannabis distributors and cannabis delivery services as set forth in the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16, N.J.S.A. 24:6I-31, et seq., within the Township of Boonton; and as to any preexisting alternative treatment center in active operation at a licensed location within the Township of Boonton pursuant to a valid and current medical cannabis license issued by the State of New Jersey and approved by the Township of Boonton 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 seq.) prior to the date of adoption of this section.
(2)
Nothing herein shall authorize a preexisting alternative treatment center to operate at a location separate from a preexisting licensed location, and in no instance shall a preexisting alternative treatment center be permitted to concurrently operate as a Class 5 cannabis retailer or Class 6 cannabis delivery service within the Township.
(3)
Any preexisting alternative treatment center seeking to concurrently operate as a Class 1 cannabis cultivator, Class 2 cannabis manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis distributor pursuant to P.L. 2021, c. 16 §33, N.J.S.A. 24:6I-46, and P.L. 2021, c. 16 §34 of the Act, shall only be permitted to conduct concurrent cannabis establishment operations at a preexisting licensed location within the Township approved prior to the date of adoption of this section. In such instances, separate from the provisions herein, any such preexisting licensed alternative treatment center shall be required to secure a separate municipal license from the Township Committee for any and all class(es) of cannabis establishments prior to commencing operations at the preexisting medical cannabis licensed facility in accordance with Part II, Chapter 56 of the Code, entitled “Medical and Recreational Cannabis Activity.”
(4)
Any preexisting alternative treatment center shall at all times remain subject to all licensing endorsement procedures and the regulations and requirements set forth in Part II, Chapter 56, entitled “Medical and Recreational Cannabis Activity,” of the Code of the Township of Boonton, and the laws regulations of State of New Jersey, including but not limited to provisions and regulations of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, P.L. 2021, c. 16, (N.J.S.A. 24:6I-31, et seq.,) and the Jake Honing 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 seq.).
(5)
Nothing herein shall be construed as authorizing the Township Planning Board to grant a waiver or variance to a preexisting alternative treatment center or any person or entity seeking to operate as a cannabis establishment, cannabis distributor or cannabis delivery service from the requirements of Part II, Chapter 56, entitled “Medical and Recreational Cannabis Activity,” of the Code of the Township of Boonton.
C.
Prohibition on cannabis retail operations, consumption areas, cannabis delivery service premises, and certain classes of other cannabis establishments except for a concurrent license held by a preexisting medical cannabis alternative treatment center.
(1)
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, except for a preexisting alternative treatment center deemed to have a concurrent license as a Class 1 cannabis cultivator, Class 2 cannabis manufacturer, Class 3 cannabis wholesaler and/or Class 4 cannabis distributor, cannabis cultivation, cannabis manufacturing, cannabis wholesaling, and cannabis distribution is hereby prohibited within the geographic boundaries of the Township of Boonton. [See Chapter 56 of the Code.]
(2)
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, Class 5 cannabis retail and/or the operation of any cannabis retail establishment, including the retail sale of cannabis items and related supplies by a preexisting alternative treatment center deemed to concurrently hold a Class 5 cannabis retailer license, is hereby prohibited within the geographic boundaries of the Township of Boonton. [See Chapter 56 of the Code.]
(3)
Pursuant to Section 31 of the Act, N.J.S.A. 24:6I-45b, New Jersey licensed Class 6 cannabis delivery services are hereby prohibited from operating business from premises within the geographic boundaries of the Township of Boonton. Nothing herein shall be construed to prohibit the delivery of cannabis items and related supplies to a permitted consumer for personal use by a New Jersey licensed cannabis delivery service from a location outside the geographic boundaries of the Township. [See Chapter 56 of the Code.]
D.
Separate municipal licensing endorsement required:
(1)
Any holder of a Class 1 cannabis cultivation establishment, Class 2 cannabis manufacturing, Class 3 cannabis wholesale or Class 4 cannabis distributor license, including any preexisting alternative treatment center deemed to concurrently hold any class(es) of the above cannabis establishment license(s) pursuant to PL. 2021, c. 16 §33, N.J.S.A. 24:6I-46, and P.L. 2021, c.16 §34, amending N.J.S.A. 24:6I-7, shall also be subject to a separate municipal license endorsement, as well as the limitations on the number of licensed cannabis establishments in the municipality and the time and manner for such operations to be solely decided upon by the Township Committee, as set forth in Chapter 56 of the Code.
(2)
In addition to the conditional use criteria set forth hereinafter, all Class 1 cannabis cultivation, Class 2 cannabis manufacturing, Class 3 cannabis wholesale and Class 4 cannabis distributor establishments shall be subject to the municipal limits on the number of licenses and the provisions set forth under Part II, Chapter 56 of the Code of the Township of Boonton.
(3)
Nothing herein shall be deemed to authorize any applicant to seek a waiver or variance from the Planning Board as to the municipal endorsement, numerical limitation and time and manner of operation requirements established by the Township Committee set forth at Part II, Chapter 56, entitled “Medical and Recreational Cannabis Activity,” of the Code of the Township of Boonton.