Cliffside Park City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 18-6.1 Undersize Lots.
[Ord. No. 17-89, § 6.1]
The regulations imposed by this chapter shall not prohibit the erection of a one (1) family detached dwelling on any lot having less than the minimum width, depth, frontage or lot area required; provided the lot was a matter of public record prior to the effective date of this chapter and the proposed structure shall meet all other requirements of the zone in which it is located, and be subject to site plan approval. For the purpose of this chapter, two (2) or more adjoining undersize lots in the same ownership shall be considered as one (1) lot.
§ 18-6.2 Front Yards and Reduced Setbacks.
[Ord. No. 17-89, § 6.2]
a.
In the R-1, R-2 and R-3 Residential Zones, the front yard setbacks may be reduced as follows:
1.
Interior Lots. The front yard setback may be reduced to the average front wall setback (not porches) of the adjoining principal building on either side, but not less than twenty (20) feet.
2.
Corner Lots. The front yard setbacks may be reduced to the setback of the adjoining principal building(s) on the primary and secondary streets, but not less than twenty (20) feet on the primary street (facing the main entrance of the building), or ten (10) feet on the secondary streets.
b.
The minimum front yard setbacks required shall apply to all other zones in all other interior or corner lot locations.
§ 18-6.3 Reduced Lots.
[Ord. No. 17-89, § 6.3]
No lot shall be reduced to less than the minimum lot width, depth, frontage, area, yard or parking requirements of the use or zone in which it is located.
§ 18-6.4 Corner Lots.
[Ord. No. 17-89, § 6.4]
On a corner lot, the lesser dimension shall be considered the front yard. The entrance and/or address to the building may be on either street.
§ 18-6.5 Projections into Required Yards.
[Ord. No. 17-89, § 6.5; Ord. No. 3-03; Ord. No. 2009-21, § 2]
a.
1.
The space in any required yard shall be open and unobstructed except for the ordinary projection of open entries, steps, stoops and eaves.
2.
Residential Front Entrance Requirements. Each residential residence shall be required to construct a front entrance, which entrance shall be located exclusively in the front yard. The front yard for this provision, Subsection 18-6.5a2, shall be defined as any part of the front yard set back excepting that the residential entrance, which may consist of steps, and/or stoops shall not be permitted in any part of the side yard situate in the front yard.
b.
Permitted Projections.
1.
Window sills, cornices, similar architectural features, not to exceed one (1) foot.
2.
Bow or bay windows not exceeding two (2) feet shall be permitted to encroach into the front yard only, as long as the floor area of the unit does not extend into the two (2) foot bow or bay window overhang. Bow or bay windows are only permitted in the side and rear yard setbacks if the zoning setback is not violated.
3.
Soffits, not to exceed two (2) feet.
4.
Fireplace, rear or side yard only, not to exceed three (3) feet.
5.
Open fire escape, may project to a maximum of four (4) feet into any rear yard.
6.
Patios are permitted in the side or rear yard areas only, but no closer than six (6) feet from the existing side yard and ten (10) feet from the rear property line.
7.
An unenclosed cantilevered wood deck may project into the required rear yard for a depth of eight (8) feet and a total area of ninety-six (96) square feet provided that such deck is not located closer than ten (10) feet to another building structure or property line.
8.
Paved sidewalks or other permanent impervious surfaces shall be prohibited in the required side yards in all zones that permit single- and two-family dwellings.
9.
All mechanically vented pipes shall not exhaust into side yards.
§ 18-6.6 Height Exceptions.
[Ord. No. 17-89, § 6.6]
The height provisions of this chapter shall not apply to the erection of church spires, belfries, flagstaffs, chimneys, or flues. The height provisions of this chapter shall not apply to elevator enclosures (not exceeding eight (8) feet in height) nor HVAC equipment (not exceeding four (4) feet in height) of said structure occupying in the aggregate no more than ten (10%) percent of the area of the roof on which they are located.
§ 18-6.7 Satellite Dish Antennas.
[Ord. No. 17-89, § 6.7]
Dish antennas to receive television, radio, microwave or other electrical signals are prohibited except as follows:
a.
Dish antennas are considered an accessory structure and require the submission of an appropriate site plan (showing the proposed location, size and dimensions of the antenna, fencing, etc.), approval by the Planning Board and the subsequent issuance of a permit by the Building Department.
b.
The antenna shall not be located in the front yard, side yard or on the roof of any structure. The antenna shall be located only in the rear yard and not closer to the rear or side lot line than the side yard required for the zone in which it is located. In no event shall the distance be less than six (6) feet.
c.
The top of the antenna shall not exceed a maximum height of six (6) feet above ground level.
d.
The antenna shall be effectively screened, shrubbed or fenced and shall not be visible from a public street or the adjoining properties.
e.
The antenna shall not cause any electromagnetic interference with any electrical appliance in the immediate area. No motor noise shall be detectable at the lot lines.
f.
No free-standing structure shall have a surface area greater than twenty-five (25) square feet.
g.
No lot may contain more than one (1) dish antenna.
h.
Dish antenna are for use of owner of principal structure only.
i.
There shall be a permit fee of one hundred ($100.00) dollars accompanying each application, plus all costs associated with site plan approval.
§ 18-6.8 Accessory Buildings and Uses.
[Ord. No. 17-89, § 6.8]
a.
In any residential zone, no accessory building shall be permitted in the required front or side yards.
b.
Any accessory building or use located in any rear yard shall not be less than the distance of the minimum required side yard, from any side or rear property line, or not less than six (6) feet, whichever is greater.
c.
No accessory building shall exceed fifteen (15) feet in height above the average finished grade.
§ 18-6.9 Fences and Walls.
[Ord. No. 17-89, § 6.9; Ord. No. 2016-08]
a.
Definition. A fence as used in this section shall be defined and include permanent structure of solid materials including but not limited to aluminum, lumber or masonry materials, which have been installed to enclose the property or a portion thereof of the current owner.
b.
Application for Building Permit. No fence shall be erected in the Borough without application first being made the Building Department for a building permit.
c.
Height. No building permit shall be issued for any fence in excess of six feet in height.
d.
Application Information. A building permit shall be issued only by the Building Department establishing the following:
1.
Survey of the applicant showing the boundaries of the parcel owned by the applicant and showing the street upon which the same faces and showing the distances of the corner of the property abutting the street line to the nearest intersection;
2.
The survey shall show the location of the dwelling or buildings erected upon the applicant's premises as well as the buildings erected upon adjacent premises with distances noted;
3.
A onetime fee for such building fence permit shall be one hundred ($100.00) dollars, which may be amended annually by resolution;
4.
Fences in excess of six feet may not be issued without a variance;
5.
Barb wire fences will only be permitted in industrial zones.
e.
All fences, whether aluminum, metal, wood, or other man-made or natural materials shall be constructed so that the finished side of the fences faces outward. The posts, bracing, supports and other structural members of the fence, as well as the hardware, shall face the interior area enclosed by the fence.
f.
Fences shall be constructed to allow for the flow of natural drainage and shall not cause surface water to be blocked or dammed to cause the ponding of water.
g.
Retaining walls (subject to municipal engineering approval) are permitted within all yard areas and are not subject to any height restriction as noted in this subsection;
h.
Any fence, including those on a corner lot, shall comply with Subsection 18-6.10, Visibility at Intersections.
i.
No fence shall be constructed in any front or side yard within the set back areas.
§ 18-6.10 Visibility at Intersections.
[Ord. No. 17-89, § 6.10]
In any residential zone, no structure, wall fence, shrubbery, trees or vehicles shall be erected, maintained, planted or parked on any lot which obstructs or interferes with visibility of drivers of vehicles on a curve or at any street intersection. No visual obstruction shall exceed three (3) feet in height above the street grade within twenty-five (25) feet of the intersecting street lines bordering corner lots.
§ 18-6.11 Required Site Plans and Approval.
[Ord. No. 17-89, § 6.11]
Except as provided, no building excavation, foundation or construction permit shall be issued for any building or structure, unless a site plan has been submitted and approved by the Planning Board, or by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70 and 40:55D-76.
Applicants shall notice all residents within two hundred (200) feet of the proposed project in accordance with N.J.S.A. 40:55D et seq.
All site plans shall be submitted and approved in accord with the Borough's Site Plan Ordinance No. 10-77. Site plans are not required for the following structures:
§ 18-6.12 Screening.
[Ord. No. 17-89, § 6.12]
When any nonresidential use abuts a residential use a six (6) foot high wall or fence and evergreen planting shall be required to produce a permanent visual screen between the nonresidential use and the residential use.
§ 18-6.13 Cottage Food Operators - Home Bakers.
[Added 4-5-2022 by Ord. No. 2022-03; amended 6-6-2023 by Ord. No. 2023-09]
a.
License and Certificate Required.
1.
All applicants must submit an approved complete Cottage Food Home Bakers License pursuant to N.J.A.C. 8:24-11 to the Cliffside Park Zoning Official and Health Department;
2.
All applicants must submit a copy of a food handler certificate issued by an accredited program showing that the applicant is a "Food Protection Manager" in good standing with the accredited program;
3.
The Cottage Food Home Bakers Operation applicant must submit their last month's water bill at the location of the Cottage Food Kitchen;
4.
Payment of annual municipal fees, which can be amended annually by resolution;
b.
Authorized Cottage Food Operator Activity.
1.
Upon issuance of the Cliffside Park Cottage Food Home Bakers Operation Permit the holder will be authorized to (a) produce cottage food products in the private kitchen of the operator's residence and at no other location; (b) subject to N.J.A.C. 8:24-11.5, which permits the sale of cottage food products to consumers (c) this license is subject to initial and bi-monthly health inspections by the Borough of Cliffside Park Health Department;
2.
The Cottage Food Operator shall not deliver or tender cottage food products (a) at a location other than the home of the Cottage Food Operator, but not for on-site consumption; and (b) shall not sell to a wholesale establishment as N.J.A.C. 8:21-9; and/or (c) to a retail food establishment; and (d) the applicant, upon submission of the application permit, must submit a copy of their redacted New Jersey and IRS 1040, confirming gross annual sales before deductions of taxes and operating expenses, that gross annual sales do not exceed $50,000 per year;
3.
On request, the operator's permit shall be available for inspection if the point of sale is the residence of the operator or the consumer;
4.
The operator shall place at the point of sale of the product an unobstructed food placard that states: "This food is prepared pursuant to N.J.A.C. 8:24-11 in a home kitchen that has not been inspected by the Health Department."
5.
A cottage food operator shall affix one or more labels or tags that state the common name of the cottage food product;
6.
List cottage food product ingredients in descending order of predominance by weight;
7.
If the cottage food product contains a major food allergen, the word, "Contains" followed by a list of the major food allergens that the cottage food Product contains;
8.
The cottage food operator's name, business name, and cottage Food Operator Permit number;
9.
The name and address of cottage food operator where they prepare the cottage food product; and
10.
Pursuant to N.J.S.A. 24:1-1 et seq., the Borough of Cliffside Park's Health Authority is authorized to enter upon, examine, and survey any premises, including the home kitchen of a cottage food operator, and things thereof, including materials, equipment, books, and records to (a) enforce or confirm compliance with any health law or other law under the official's jurisdiction; and/or (b) investigate complaints associated with cottage food products' such as contamination, foodborne illness, misbranding, or adulteration.
c.
Application Fees; Permit Duration; Permit Renewal.
1.
The Cottage Food Operator is required to obtain an annual Cottage Food Operator Permit from the Cliffside Park Zoning Official at a cost of $100 per year;
2.
The Municipal Tax Assessor, upon issuance of the annual permit, shall increase the land assessment of the property by $100,000 to offset additional costs incurred by the Borough (Sewer, Health Department, Fire). This assessment shall remain a property assessment until the License Holder has advised the Borough than it will not renew its annual license.
d.
Penalties.
1.
A person or entity that violates any provision of the State regulations or the Borough ordinance or refuses to comply with all lawful order or direction of a health authority, fire code, or building department, is liable for penalties as provided by N.J.S.A. 24:17-1 et seq., and N.J.S.A. 26:1A-10, and municipal fines of $1,000 per offense, with each day being a separate offense, and/or injunctive action as provided by law, including monetary penalties pursuant to N.J.S.A. 24:17-1 et seq., and N.J.S.A. 26:1A-10. Upon conviction, the Magistrate after the first offense, may suspend, revoke, and/or direct the Health Department not to issue or renew, a Cottage Food Operator Permit. Upon notice of the violation, the Borough shall notify the State Department of Health, Zoning and/or Municipal Health Department of the Court's decision.
2.
If, upon inspection, any person(s) found to be operating in the Cottage Food Industry that has not obtained the Department of Health Permit and Municipal Health Permit shall immediately have their rights to conduct a Cottage Food Industry revoked, as their refusal to comply with the regulations and municipal ordinance constitute a health authority danger, as it poses a threat to the public health, safety and welfare or engages in activity that is violative of the implacable provisions of Title 24 and 26 of the revised statutes of the State of New Jersey and be subject to a municipal fine not to exceed $1,000 per offense, with each day being deemed a separate offense.
3.
Upon a determination that the applicant has failed to comply with the State or Municipal Regulations, the Borough has the right to "Red Tag" the building and no further food kitchen activities will be permitted without municipal removal of the "Red Tag" or by Superior Court Order. The Cliffside Park Health Department reserves the right to confiscate and/or condemn, sell, destroy, detain or bar all articles of food in accordance with N.J.S.A. 24:1-1 et seq., especially N.J.S.A. 24:4-1 et seq. and/or impose monetary penalties pursuant to N.J.S.A. 24:17-1 et seq., N.J.S.A. 26:1A-10 et seq. and this section.
4.
No Cottage Food Industry shall be permitted in an R-1 and/or R-2 Zones of the Borough. All the Cottage Food Industries shall be permitted in residential units located within other zones in the Borough excepting the Redevelopment Zone and any high-rise building defined as a building having three or more stories. Cottage Food Industry sales are limited from Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. with pickups scheduled from 10:00 a.m. and 3:00 p.m. and are not permitted on Saturday and Sunday due to quality-of-life issues and religious tenets and beliefs.
§ 18-6.14 Cannabis Establishments.
[Added 4-5-2022 by Ord. No. 2022-06]
§ 18-6.14.1 Definitions.
[Added 4-5-2022 by Ord. No. 2022-06]
As used in this section, the following terms shall have the meanings indicated:
Means the Cliffside Park Cannabis Committee (hereinafter CP CPCC")
Means 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. 2021, c. 16 (C. 24:6I-31 et al.) 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.).
Means, as further described in section 28 of P.L. 2019, c. 153 (C. 24:6I-21), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a State and local endorsement has been obtained, that is either: (1) an indoor, structurally enclosed area of the cannabis retailer or permit holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or (2) an exterior structure on the same premises as the cannabis retailer or permit holder, either separate from or connected to the cannabis retailer or permit holder, at which cannabis items or medical cannabis either obtained from the retailer or permit holder, or brought by a person to the consumption area, may be consumed.
Means 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.
Means 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. This person or entity shall hold a Class 6 Cannabis Delivery license.
Means 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 outtransportation activities. This person or entity shall hold a Class 4 Cannabis Distributor license.
Means a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
Means 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 al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 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.).
Means 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.
Means 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. This person or entity shall hold a Class 5 Cannabis Retailer license.
Means 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. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
Means the CPCC established pursuant to section 31 of P.L. 2019, c. 153 (C. 24:6I-24).
Means the act of ingesting, inhaling, or otherwise introducing cannabis items into the humanbody.
Means the transportation of cannabis items and related supplies to a consumer. "Delivery" also includes the use by a licensed cannabis retailer of any third party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
Means a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a commercial or other office building; office or building owned, leased or rented by the State or by a county or municipal government; public and nonpublic elementary or secondary school building; board of education building; theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance operated on land or water, or in the air, and passenger waiting rooms and platform areas in any stations or terminals thereof; health care facility licensed pursuant to P.L. 1971, c. 136 (C. 26:2H-1 et seq.); patient waiting room of the office of a health care provider licensed pursuant to Title 45 of the Revised Statutes; child care center licensed pursuant to P.L. 1983, c. 492 (C. 30:5B-1 et seq.); race track facility; facility used for the holding of sporting events; ambulatory recreational facility; shopping mall or retail store; hotel, motel or other lodging establishment; apartment building lobby or other public area in an otherwise private building; or a passenger elevator in a building other than a single-family dwelling.
Means 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.). "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with P.L. 2021, c. 16 (C. 24:6I-31 et al.).
Means any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area.
§ 18-6.14.2 Permitted Classes.
[Added 4-5-2022 by Ord. No. 2022-06]
The following cannabis licenses shall be permitted to operate within Cliffside Park subject to all applicable state and local regulations:
a.
Class 5 Cannabis Retailer license as a conditional use, as set forth in N.J.S.A. 24:6I-42.
§ 18-6.14.3 Prohibited Classes.
[Added 4-5-2022 by Ord. No. 2022-06]
a.
Class 1 Cannabis Cultivator license, as set forth in N.J.S.A. 24:6I-37.
b.
Class 2 Cannabis Manufacturer license, as set forth in N.J.S.A. 24:6I-39.
c.
Class 3 Cannabis Wholesaler license, as set forth in N.J.S.A. 24:6I-40.
d.
Class 4 Cannabis Distributor license, as set forth in N.J.S.A. 24:6I-41.
e.
Class 6 Cannabis Delivery license, as set forth in N.J.S.A. 24:6I-44.
f.
Cannabis Microbusinesses.
§ 18-6.14.4 Fees.
[Added 4-5-2022 by Ord. No. 2022-06]
Cannabis Retailer License annual fee shall be $15,000. Annual Renewal Fee may be increased by resolution.
§ 18-6.14.5 Class 5 Cannabis Retail License Permitted Hours of Operation.
[Added 4-5-2022 by Ord. No. 2022-06]
The holder of a Class 5 Cannabis Retail license shall be permitted to sell cannabis items and related supplies daily between the hours of 12:00 p.m - 11:00 p.m., Sundays 12:00 p.m. - 9:00 p.m.
§ 18-6.14.6 Public Consumption of Cannabis.
[Added 4-5-2022 by Ord. No. 2022-06]
a.
Smoking, vaping or aerosolizing any cannabis item in a public place is prohibited, including but not limited to, any public street, sidewalk, pedestrian plaza, parks, plus any public place pursuant to law that prohibits the smoking of tobacco, including N.J.S. 2C:33-13 and the "New Jersey Smoke-Free Air Act," P.L. 2005, c. 383 (C. 26:3D-55 et seq.) and any indoor public place, or portion thereof.
b.
Consumption, smoking, vaping or aerosolizing any cannabis items in a public place, including any public street any public street, sidewalk, pedestrian plaza, parks or any indoor public place, or portion thereof, is prohibited.
c.
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes a cannabis item, including by smoking, vaping or aerosolizing, on private property or public property.
§ 18-6.14.7 Odor.
[Added 4-5-2022 by Ord. No. 2022-06]
A cannabis establishment shall have the equipment to mitigate cannabis-related odor. The building shall be equipped with a ventilation system with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior of the premises. The carbon filters are required to be replaced per manufacturer recommendations; operator shall serve written notice with its renewal application confirming the replacement of the filters by a certified manufacturer's representative. The ventilation system must be approved by the Borough of Cliffside Park Department of Health, Building Department and Borough Engineer.
§ 18-6.14.8 Product Display and Storage.
[Added 4-5-2022 by Ord. No. 2022-06]
a.
No cannabis items shall be visible from a public sidewalk, street, or right-of-way, or any other public view. All cannabis items shall be stored indoors and on-site.
b.
No cannabis establishment shall be housed in a vehicle or any movable or mobile structure. This prohibition shall not include vehicles used for delivery services.
c.
Class 5 cannabis retailers must post visible signage within the retail establishment about age requirements and the prohibition of using cannabis on Borough streets, sidewalks, and parks. Class 5 retailers that are not consumption areas must also post signage that using cannabis within the retail facility is prohibited.
§ 18-6.14.9 Security.
[Added 4-5-2022 by Ord. No. 2022-06]
All cannabis establishments and cannabis distributors shall be secured and have full-time armed security protocols in place. Security protocols shall be submitted to the Cliffside Park Police Department for compliance review with all safety and security standards established by the State of New Jersey for cannabis establishments and distributors. The Cliffside Park Police Department may, at its discretion and upon review of the proposed location, recommend or require additional safety and security measures. At minimum, the following shall apply:
a.
A video recording system shall be employed covering all areas of the cannabis establishment and cannabis distributor and adjacent exterior of building with a 24/7 recording system that records for a minimum of thirty-day archive.
b.
The premises and right-of-way adjacent to the cannabis establishment and cannabis distributor shall be monitored by staff of the establishment or distributor and kept free of loitering, litter and other debris and the sidewalks shall be swept and cleaned on a regular basis.
c.
Security approval from the CPPD shall be a pre-request to zoning permit issuance.
§ 18-6.14.10 Cannabis Control Board ("CPCC").
[Added 4-5-2022 by Ord. No. 2022-06]
a.
Creation of Board; membership.
1.
The Cliffside Park Cannabis Control Board is hereby established, and shall consist of three to five members, who shall be appointed by the Mayor with the advice and consent of Council, for a term of three years but one of the initial appointments shall be for one year, another for two years, third for three years, fourth for three years, and the fifth for three years.
2.
In the case of any vacancy occurring before the expiration of any term, the appointment to fill such vacancy shall be only for the unexpired term.
3.
The members of the Cannabis Control Board may be removed by the governing body at will.
b.
Responsibilities. The Cannabis Control Board shall be responsible for reviewing and approving, when appropriate, applications for the operation of retail cannabis establishments. Members of the CPCC shall not have contact with applicants outside of a CPCC meeting, unless the member is a Borough employee and such contact with an applicant is required for his/her duties.
c.
Meetings. The Cannabis Control Board shall establish a regular schedule of meetings, as often as required to meet the needs of its business or address emergencies. Upon completion of an application, the application shall be heard by the CPCC at the next available meeting.
§ 18-6.14.11 Municipal Support of Cannabis Establishments and Distributors (Classes 1-5).
[Added 4-5-2022 by Ord. No. 2022-06]
a.
All applications received by the CPCC for the operation of a cannabis retail establishment in Cliffside Park shall be sent to the Division of Commerce, within the time period set forth by the State, for municipal review. The Division of Commerce shall submit all completed applications to the Cannabis Control Board for the Board's review and approval. This shall be in addition to the application to the Borough Land Use Board for approval, if necessary.
b.
The Cannabis Control Board shall review all applications to ensure compliance with local rules and regulations governing the operation of retail cannabis establishments and, when the Board deems appropriate, to provide local support of the application in the form of a Board Resolution.
c.
The license shall be issued for a one year period terminating on December 31 of each calendar year, the applicant must reapply annually and present proof of compliance of all requirements of this section. The annual fee for this review shall be $5,000, plus professional escrow of $5,000, plus a permit fee of $15,000. All fees may be amended by Resolution. The CCV shall prepare Application and Procedural requirements for resolution request and zoning permit issuance.
d.
An applicant is requested to submit the following documents or information for the Board's evaluation:
1.
Names and residences of all persons financially interested in the business, and the nature and extent of this interest; and, if a corporation, or limited liability company, the names, residences and citizenship of the officers, directors and stockholders, and shall disclose whether the applicant has been convicted of any criminal or quasi-criminal offense, and if so, the date and place of such conviction and the nature of the offense;
2.
Proof the cannabis establishment will be operated pursuant to all local and state regulations;
3.
Any necessary approvals by the Cliffside Park Municipal Land Use Board, if necessary;
4.
Odor mitigating practices, type of equipment, inclusive of specifications;
5.
Safety and security plans and procedures;
6.
A description of the proposed location, including the surrounding area and the suitability or advantages of the proposed location, along with a floor plan and optional renderings which must be submitted under architectural or engineering seal;
7.
Plans to operate a cannabis consumption area, if applicable;
8.
A community impact, social responsibility, and research statement, which shall include, but shall not be limited to the following:
(a)
A community impact plan summarizing how the applicant intends to have a positive impact on the Cliffside Park, which shall include an economic impact plan, and a description of outreach activities;
(b)
A written description of the applicant's record of social responsibility, philanthropy, and ties to Cliffside Park;
(c)
A written description of any research the applicant has conducted on the adverse effects of the use of cannabis items, substance abuse or addiction, and the applicant's participation in or support of cannabis-related research and educational activities;
(d)
A written plan describing any research and development regarding the adverse effects of cannabis, and any cannabis-related educational and outreach activities, which the applicant intends to conduct if issued a permit by the Cannabis Control Board, including the applicant's plan to implement or contribute to educational or training programs for individuals formally sentenced for marijuana-related charges and to teach those individuals the legal marijuana industry within Cliffside Park;
9.
A workforce development and job creation plan, which may include information on the applicant's history of job creation and planned job creation at the proposed cannabis establishment or; education, training and resources to be made available for employees; any relevant certifications, and an optional diversity plan;
10.
An attestation signed by a bona fide labor organization stating that the applicant has entered into a labor "peace agreement" or has hired members of a local union, or proof that the company is paying state prevailing wages;
11.
A business and financial plan;
12.
Subsection 18-5.2d2(b) shall control as to minimum distance requirements;
13.
Additional requirements.
[Amended 3-20-2023 by Ord. No. 2023-05]
(a)
A list of childcare providers, public or private schools, houses of worship and a substance abuse and treatment facilities, that are within eight hundred fifty (850) feet of a proposed Class 5 Retail Cannabis Establishment location, distance shall be measured from the main entry door of the proposed Class 5 Retail Cannabis Establishment to the parcel boundary on which the childcare provider, public or private school, house of worship or a substance abuse and treatment facility is located; and
(b)
Any other documents or information the Borough deems necessary.
14.
Proximity requirements.
[Amended 3-20-2023 by Ord. No. 2023-05]
(a)
The CPCC may require an applicant to address concerns about the proximity of a proposed Class 5 Retail Establishment location to a childcare provider, public or private school, house of worship and a substance abuse and treatment facility located within eight hundred fifty (850) feet of the proposed Class 5 Retail Cannabis Establishment, and the Board may consider the applicant's response to those concerns in its decision;
(b)
The CPCC may require an applicant to address concerns about the proximity of a proposed Class 5 Retail Cannabis Establishment's adjacent location to a residential area (Zone 1) located within eight hundred fifty (850) feet of the propose Class 5 Retail Cannabis Establishment, and the Board may consider the applicant's and the community's response to those concerns in its decision.
15.
Insurance.
(a)
This section codifies the Borough's Risk Assessment Recommendation wherein the Proprietor shall be required to insure from an "a" rating or better insurance company authorized to do business in the state of New Jersey, comprehensive insurance in the minimum amount of $10,000,000 per occurrence, naming the Borough of Cliffside Park, its agencies and employees as additional insureds.
(b)
The retailer shall also purchase comprehensive health coverage for all employees, ensuring medical health coverage in the event of a weapons discharge.
(c)
Insurance Certificate shall name the Borough, et al, and include a weapons discharge endorsement and comprehensive health coverage in case of accident or actual discharge and injury from a weapon.
§ 18-6.14.12 Cannabis Consumption Area and "Free Cannabis."
[Added 4-5-2022 by Ord. No. 2022-06]
a.
General. Cliffside Park does not authorize the operation of locally endorsed cannabis consumption areas.
b.
No person, merchant or other legal entity shall offer "Free Cannabis", either as a gift of cannabis, a cannabis gift certificate or any other form of secondary distribution of cannabis to any person as a business enticement, incentive or otherwise. Penalties for violating this provision shall be $1,000 per first offense, which shall be increased progressively per each subsequent conviction. Each violative transaction shall be deemed a separate ordinance violation.
§ 18-6.14.13 Violations; Penalties.
[Added 4-5-2022 by Ord. No. 2022-06]
Any person or corporation convicted of violating any other provisions of this Chapter shall be subject to the penalties set forth in § 18-5.2d14.
§ 18-6.14.14 Fee Schedule Established.
[Added 4-5-2022 by Ord. No. 2022-06]
a.
The application fee for municipal support of cannabis establishments and distributors, as outlined in this Cannabis Ordinance shall annually be $15,000.
b.
The annual fee for successful applicants operating cannabis establishments in Cliffside Park shall be as follows:
1.
Class 1 Cannabis Cultivator license: Not Permitted.
2.
Class 2 Cannabis Manufacturer license: Not Permitted.
3.
Class 3 Cannabis Wholesaler license: Not Permitted.
4.
Class 4 Cannabis Distributor license: Not Permitted.
5.
Class 5 Cannabis Retailer license: $15,000 annually.
6.
Class 6 Cannabis Delivery license: Not Permitted.
7.
Cannabis Microbusinesses Not Permitted.
c.
All applications for a Cannabis License and endorsement shall be accompanied by an application fee of $5,000 plus a permit fee of $15,000 plus an escrow fee of $5,000 to be used by the Cannabis Control Board to pay professionals for services rendered during the application process such as review and preparation of documents, transcripts, and inspections. If review costs exceed the escrow deposited, the applicant shall pay the additional amount within 15 days of the request for additional funds. Where the review costs are less than the amount of the escrow deposit, the difference shall be returned to the applicant within 120 days of final disposition of the application upon approval of the retail license, the applicant shall have three business days to pay the fee.
§ 18-6.15 Requirements for Personal Service Establishments.
[Added 7-11-2023 by Ord. No. 2023-11]
§ 18-6.1 Additional Requirements for Certain Personal Services.
[Added 7-11-2023 by Ord. No. 2023-11]
Every barbershop, hairdressing, massage parlor, or cosmetology salon/shop or nail salon/shop must comply with local planning and zoning regulations and all other applicable ordinances of the Borough of Cliffside Park.
a. BARBERSHOP COSMETOLOGY SALON/SHOP HAIRDRESSING MASSAGE PARLOR NAIL SALON/SHOP
Definitions.
Means an establishment where cutting, dressing, grooming, styling, and shaving of men's and boy's hair or beards is carried out professionally.
Means any place or part thereof concerned with the temporarily improving the physical appearance of persons through nonsurgical, or non-medical means. Such businesses include, but are not limited to, nail salons, hair salons, barber shops, and the like. These locations may also include accessory retail sales of products related to the services provided, such as specialty hair care products, treatments or ointments.
Means an establishment in which cutting and styling of hair, makeup, and similar cosmetic treatments are carried out professionally.
Means an establishment that provides massage treatments carried out by a licensed professional.
Means a specialty beauty salon establishment primarily offering nail care services. This includes manicures, pedicures and nail enhancements. Additional services may include waxing.
b.
Annual Inspections.
1.
The Building Department in conjunction with the Mid Bergen Regional Health Commission (MBRHC) or the current health agency contracted by the Borough, shall promulgate such rules and procedures as are necessary or utilize the regulations promulgated by Bergen County or the State of New Jersey to ensure compliance with this section.
2.
At least once a year, or as necessary, a representative from the Building Department and/or MBRHC shall inspect each barbershop, hairdressing, massage parlor, and/or cosmetology shop/salon and nail salon/shop and shall make as many additional inspections as are necessary for the enforcement of this chapter.
3.
The Building Department representative or his/her designee, after proper identification, shall be permitted to enter as maybe reasonably necessary, during normal operating hours, any portion of any barbershop or hairdressing, or massage parlor, and/or cosmetology shop/salon or nail salon/shop for the purpose of making inspections to determine compliance with this chapter.
4.
(a)
In the event that the Building Department and/or MBRHC representative or his/her designee finds unsanitary conditions or illegal operations of a barbershop or hairdressing, or massage parlor, and/or cosmetology shop/salon or nail salon/shop, or if a violation or multiple violations occur, the Building Department representative or his/her designee may immediately if required advise the Cliffside Park Police Department of their observations and either issue a written notice to the license holder, or person in charge, citing such conditions, specifying the corrective action to be taken and time frame within which such action shall be taken or immediately "Red Tag" the establishment subject to Municipal Court appearance for Violation of Municipal Ordinances or State Statutes.
(b)
The Building Department and/or MBRHC reserves the right to issue Corrective Notice Summons to the Business Owners granting them an allotted time to remedy the zoning violations, subject to penalties for failure to comply, and Municipal Court appearances.
c.
Registration; fees.
Registration of barbershops, beauty salons and nail salons. Any business for which a license is required under N.J.S.A. 45:5B-7 (including, but not limited to, hairstyling, beauty culture, barbering, manicuring, skin care specialty services, massage) must pay a yearly registration fee to the Building Department in the amount of $150 for the cost of yearly inspections and investigation of complaints; The fees may be modified as required by Council resolution. The yearly registration fee shall be due and payable on or before the first day of February in the year of renewal, unless the Building Department provides an extension in writing to the owner or operator of the business.
d.
Insurance Certificates.
The Business Owner shall comply with the State of New Jersey and Municipal Ordinances requiring submission of Insurance Certificates.
§ 18-6.16 Hudson River Viewshed Protection.
[Added 7-11-2023 by Ord. No. 2023-11]
§ 18-6.1 Hudson River Viewshed Protection Established.
[Added 7-11-2023 by Ord. No. 2023-11]
The Hudson River Viewshed area was established to protect the view of the Hudson River and easterly skyline from the cliffs for established residential uses/zones within the high-density R-5 Zone.
a.
The preservation of the Hudson River viewshed is a critically important aesthetic and scenic consideration for established multi-family residential uses within the R-5 Zone. The Hudson River Viewshed Protection standards require that any applicant within the R-5 Zone demonstrate that the proposed development would not adversely affect the scenic integrity of the Hudson River and easterly skyline and its surroundings when viewed from vantage points east of the existing Cliffside Park cliffs.
b.
The developer shall provide studies, reports and testimony demonstrating that any proposed development will not negatively impact the established residential uses within the R-5 Zone. Submitted reports shall include a shadow study demonstrating new construction will not cast shadows on existing residential uses.
c.
To protect the viewshed for the public and established residential uses, any building within the R-5 Zone shall provide a setback from the easterly property lines abutting the steep slopes at a ratio of 6:1 as it relates to the height of any structure. This will be defined as the setback to height ratio.
d.
Applicant shall demonstrate that the proposed development will avoid adversely affecting the scenic integrity of the Hudson River and easterly skyline.