Corbin City City Zoning Code
ARTICLE XIV
Medical Cannabis Cultivation
[Added 4-11-2022 by Ord. No. 3-2022]
§ 102-14.1 Medical cannabis cultivation.
At the time of the adoption of these regulations, only medical cannabis cultivation facilities have been added as a conditionally permitted use for the HC Highway Commercial District (Article X). Whenever application is sought for the approval of a medical cannabis cultivation facility, whether within these districts, or by variance partially or wholly within any other zoning district, the following general requirements and conditional use standards shall apply. The term "medical cannabis cultivator" shall have the same meaning given under the Jake Honig Compassionate Use Medical Cannabis Act (Jake's Law), P.L. 2019, c. 153, N.J.S.A. 24:6I-1. Recreational cannabis cultivation, manufacturing, wholesale operations, distribution, retail and delivery operations pursuant to the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, N.J.S.A. 24-6I-31, are not permitted in the City of Corbin City.
§ 102-14.2 General requirements.
A.
The requirements of this article are subject to the enabling authority of the State of New Jersey and are subject to compliance with all statutes and regulations adopted by the State of New Jersey and its instrumentalities, including but not limited to Jake's Law. If any provision of this article is inconsistent with the statutes or regulations of the State of New Jersey, the state statutes and regulations shall govern.
B.
Prior to operation of any medical cannabis cultivation facility in Corbin City, a medical cannabis cultivator license must be obtained from both the New Jersey Cannabis Regulatory Commission ("CRC") and from the City of Corbin City.
C.
Zoning and site plan approval must be obtained from the Corbin City Planning Board and the Zoning and Code Enforcement Officer must issue a permit for compliance with all requirements and conditions of approval by that Board.
D.
A medical cannabis cultivation facility established pursuant to this article shall, at all times, operate in complete compliance with the terms and conditions of its licenses issued by the CRC and the City of Corbin City.
§ 102-14.3 Conditional use standards.
A.
General. The zoning standards and requirements of the zoning district in which the medical cannabis cultivation facility is to be located continue to apply except to the extent they are not otherwise specifically addressed in this section.
B.
Location. No medical cannabis cultivation facility shall be located within 500 feet from the property line of the subject property to the property line of any property containing a school, park, day-care facility, church or other place of worship, boat ramp or other property owned by a public entity, or to a residential district.
C.
Odor. Buildings must be equipped with a system for treating air with odor-absorbing ventilation and exhaust systems such that odors generated by the facility are not detectable by a person of reasonable sensitivity on any property or roadway adjacent to the facility property. To this end, the applicant must demonstrate that the odor mitigation and control system proposed meets these standards to the satisfaction of the CRC and the Corbin City Engineer or other designated professional. Such plans must also demonstrate a contingency for shutting down the facility in the event of system failure.
D.
Waste management. Applicant shall submit a waste management plan acceptable to either the City Engineer and/or the Planning Board Engineer as part of a site plan or variance application.
E.
Noise. Outside generators and other mechanical equipment used by the facility, including, but not limited to, any kind of power supply, cooling or ventilation system, shall be enclosed and have appropriate baffles, mufflers and/or other noise reduction systems to mitigate noise pollution. All facilities must comply with the Noise Control Act of 1971, N.J.S.A. 13:1G-1 et seq., and any and all other applicable standards.
F.
Environment. The applicant shall supply acceptable proof that all septic and groundwater standards are within state and county requirements and shall satisfy the City professionals that they prohibit groundwater contamination.
G.
Light mitigation. The applicant must demonstrate that it will actively maintain measures which mitigate lighting spillover into any residential areas, and which comply with all applicable state lighting limitations.
H.
Security. All medicinal cannabis cultivation facilities shall be secured in accordance with State of New Jersey statutes and regulations and shall have around-the-clock video surveillance system, 365 days a year, and shall further provide the City with a security plan which is both acceptable and accessible to the municipality through local law enforcement.
I.
Signage. The facility shall be permitted to have only unlit signage showing the licensee's name which shall not exceed the size requirements of the HC Highway Commercial District.
J.
Employment. The applicant shall provide as part of the application process a written commitment to an acceptable plan to afford local residents of the City of Corbin City a priority in employment at the facility.
K.
Hours of operation. The hours of operation of any cannabis cultivation facility shall be limited to 7:00 a.m. to 10:00 p.m.
§ 102-14.4 Licensing and fees.
No medical cannabis cultivation facility may operate within Corbin City without a municipal license to do so, and any approvals granted by the Planning Board pursuant to the processes outlined in these ordinances and in the New Jersey Municipal Land Use Law[1] shall be subject to this licensing requirement.
A.
Application. Upon receipt of all state, county and municipal approvals for construction of a medical cannabis cultivation facility, prior to commencement of operations, the owner shall apply to the City for a municipal operating license by submitting the following:
(1)
A completed application on forms provided by the City Clerk's Office;
(2)
Payment of the annual licensing fee of $10,000, provided, however, the City Council may, in its sole discretion, adjust the annual renewal date of the local license to correlate with the applicant's state licensing and renewal schedule, and this annual license fee shall be increased or decreased to prorate the period, accordingly;
(3)
Proof that all applicable state licenses have been when received;
(4)
Proof of passage of all applicable state and local inspections required to be completed prior to beginning operations and/or renewal of any state and/or local license;
(5)
Emergency contact information to be utilized by police, fire and EMT personnel in the event of an on-site emergency; and
(6)
Copy of the portions of the Application for state Licensure pertaining to local land use and licensing applications.
(7)
For renewal, if the licensee has received notice of violation of any law or regulation from the CRC relating to their medical cannabis cultivation license, including disciplinary action against any past or current cannabis license, the applicant shall include a copy of the notice of violation or disciplinary action with their application.
(8)
Transfer of ownership of a medical cannabis cultivation license, change of location of any license, or modification to expand a licensed premises shall be treated as a new application, subject to City land use review and approval as set forth in this Code.
B.
Issuance. All operating licenses shall be issued by the City Council and shall be valid for a period of one year. All operating licenses shall be renewable annually by following the procedures set forth above.
C.
Licenses shall be subject to revocation upon the following:
(1)
The revocation or suspension of the licensee's state license to operate as a medical cannabis cultivator;
(2)
The violation of any of the conditions upon which local zoning approval was based, or any of the conditions set forth in the municipal ordinances, after notice to the licensee and hearing before the City Council which shall determine, in its sole discretion, whether the violation is material and warrants suspension or revocation of the municipal operating license; or
(3)
Upon determination after notice and hearing by City Council that the cultivation facility has been inactive or unoccupied by the licensee for six months or more and is effectively abandoned after initial operations have begun.
(4)
In the event of suspension or termination of the municipal operating license, no portion of the initial licensing fee shall be refundable, and no new operating license shall be issued for the property until an entirely new application is submitted for the same in the manner provided above, thereby beginning a new licensing year.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.