Harmony Township City Zoning Code
ARTICLE XI
Cannabis-Related Business
§ 525-65 Definitions.
As used in this article, the following terms shall have the meanings indicated:
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.[1]
Encompasses all components of the cannabis industry. Accordingly, it shall mean any business involved in cultivating, manufacturing, distribution, sales, or testing of marijuana. While it may have a component that administers medical cannabis to qualifying patients, it is open to adult use of cannabis for person 21 years and older.
A building, structure, or premises used for the cultivation or storage of cannabis. Includes the planting, propagating, cultivation, growing, harvesting and storing of cannabis for the limited purpose of this chapter. A cultivation center may be physically separate and off-site from the associated licensee's cannabis dispensary. When connected to, or part of, the same property by which an alternative treatment center dispenses from, it is considered part of the alternative treatment center.
An ATC facility that acquires, possesses, sells, distributes, transmits, gives, dispenses, or otherwise provides cannabis to persons 21 years and older. While it may administer medical cannabis to qualifying patients, it is open to adult use.
Facility involved with compounding, making, and processing of medical cannabis in all forms including those that involve food handling.
An organization authorized through licensure issued by the NJ State Department of Health and the Board of Medical Examiners to perform activities necessary to provide registered qualifying patients with usable cannabis and related paraphernalia in accordance with the provisions of the Jake Honig Compassionate Use Medical Cannabis Act (N.J.S.A. 24:61-2 et seq.). For the purposes of zoning, an ATC is the interface between provider and patient and is synonymous with a medical cannabis dispensary. Cultivation and manufacturing, unless within the same structure or property as a dispensary, shall be treated as a separate use category though it may be part of the license issued by the state for a single entity.
The definition given to "marijuana," as provided in Section 2 of the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (effective January 17, 1971), codified at N.J.S.A. 24:21-1 et seq.
An organization issued a permit by the Commission to operate as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler or cannabis dispensary.
See "permitting authority."
An organization issued a permit by the permitting authority that authorizes the organization to: possess and cultivate cannabis and deliver, transfer, transport, distribute, supply, and sell medical cannabis and related supplies to other medical cannabis cultivators and to medical cannabis manufacturers and dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. For the purposes of zoning, this shall include the building, structure, or premises used for the cultivation or storage of medical cannabis. A cultivation center may be physically separate and off-site from an associated medical cannabis dispensary. When connected to, or part of, the same property as a medical cannabis dispensary, the cultivation center shall be considered part of the medical cannabis dispensary.
An organization issued a permit by the permitting authority that authorizes the organization to: purchase or obtain medical cannabis and related supplies from medical cannabis cultivators; purchase or obtain medical cannabis products and related supplies from medical cannabis manufacturers; purchase or obtain medical cannabis, medical cannabis products, and related supplies and paraphernalia from other medical cannabis dispensaries; deliver, transfer, transport, distribute, supply, and sell medical cannabis and medical cannabis products to other medical cannabis dispensaries; furnish medical cannabis, including medical cannabis products, to a medical cannabis handler for delivery to a registered qualifying patient, designated caregiver, or institutional caregiver consistent with the requirements of the Act; and possess, display, deliver, transfer, transport, distribute, supply, sell, and dispense medical cannabis, medical cannabis products, paraphernalia, and related supplies to qualifying patients, designated caregivers, and institutional caregivers. For the purposes of zoning, this shall include the building, structure, or premises used for the dispensing of medical cannabis.
An organization issued a permit by the permitting authority that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator; purchase or obtain medical cannabis products from another medical cannabis manufacturer; produce, manufacture, or otherwise create medical cannabis products; and possess, deliver, transfer, transport, distribute, supply, and sell medical cannabis products and related supplies to other medical cannabis manufacturers and dispensaries. For the purposes of zoning, this shall include the building, structure, or premises used for the manufacturing of medical cannabis products.
The documents issued by the permitting authority pursuant to the Act granting the legal right to operate as a cannabis business.
The entity responsible for the regulation and enforcement of activities associated with the medical use of cannabis. This shall include the New Jersey Department of Health and the Cannabis Regulatory Commission, established pursuant to Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24), which shall assume all powers, duties, and responsibilities with regard to the regulation and oversight of activities authorized pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.), from the Department of Health for the further development, expansion, regulation, and enforcement of activities associated with the medical use of cannabis pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.).
The dried leaves and flowers of cannabis, and any mixture or preparation thereof, but does not include the seed, stems, stalks, or roots of the plant.
Vertically integrated operations proposing to have cultivation, manufacturing, and dispensing within the same facility. For the purpose of zoning, vertically integrated facilities shall be considered dispensaries.
Facilities licensed by the Commission to obtain and sell cannabis items for later resale by other licensees.
[1]
Editor's Note: See N.J.S.A. 24:6I-31 et seq.
§ 525-66 Permitted locations.
[Amended 5-7-2024 by Ord. No. 24-06]
A.
Stand-alone cultivation centers. Stand-alone cultivation centers, both adult-use and medical, shall be permitted to be located within the following zones in accordance with this chapter and the redevelopment plans where applicable. For all properties, adherence to the regulations related to cannabis cultivation promulgated by the Cannabis Regulatory Commission, codified under N.J.A.C. 17:30-10.1 et seq., the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), codified under N.J.S.A. 24:6I-31 et seq., as well as the site design standards of the Township land development ordinances and redevelopment plans through a review by the Zoning Official, and the Township Land Use Board when applicable, is required. Cultivation centers are not permitted on lands with farmland assessment and therefore will trigger a rollback of taxes. Issuance of zoning permit and site plan approval may be required for sites out of compliance with the provisions set forth herein. Zones permitted include:
B.
Manufacturing facilities. Manufacturing facilities, both adult-use and medical, shall be permitted to be located within the following zones in accordance with this chapter and the redevelopment plans where applicable. For all properties, adherence to the regulations related to cannabis manufacturing promulgated by the Cannabis Regulatory Commission, Cannabis Regulatory, codified under N.J.A.C. 17:30-11.1 et seq., Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), codified under N.J.S.A. 24:6I-31 et seq., as well as the site design standards of the Township land development ordinances and redevelopment plans through a review by the Zoning Official, and the Township Land Use Board when applicable, is required. Manufacturing facilities are not permitted on lands with farmland assessment and therefore will trigger a rollback of taxes. Issuance of zoning permit and site plan approval may be required for sites out of compliance with the provisions set forth herein. Zones permitted include:
§ 525-67 Prohibited cannabis businesses.
A.
Dispensaries. Dispensaries and retail cannabis facilities, both adult-use and medical, shall be prohibited within all zones of the Township. This includes alternative treatment centers and vertically integrated facilities.
B.
Wholesalers. Wholesale cannabis facilities shall be prohibited within all zones of the Township.
C.
Distribution Facilities. Cannabis distribution facilities shall be prohibited within all zones of the Township.
[Amended 5-7-2024 by Ord. No. 24-06]
§ 525-68 Mobile delivery of cannabis products.
Cannabis products may be transferred or delivered, consistent with the requirements of the Act, under a cannabis delivery license. Mobile facilities shall not be permitted unless expressly authorized under the Act or permitted by the permitting authority, and approved by special permit by the Township.
§ 525-69 Specific requirements for cannabis businesses.
[Amended 5-7-2024 by Ord. No. 24-06; 7-1-2025 by Ord. No. 25-05]
A.
The cultivation of cannabis shall be permitted on the exterior portions of a lot, provided that the visibility of such cultivation is minimized and that a sufficient buffer, as dictated by the relevant site plan approval, exists between the cultivation of cannabis and the neighboring residence/structure. The cultivation, production, manufacturing, or possession of a cannabis within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use. Such use shall adhere to the bulk standards of the underlying zoning.
B.
Cannabis businesses must limit signage to text on external signage, labeling, and brochures. Use of graphics shall be limited to the logo for the business so long as it does not include a cannabis plant leaf and outward glorification of cannabis consumption.
C.
All other Township sign regulations must be complied with.
D.
Cannabis business signage shall not display on the exterior of the facility or windows advertisements for cannabis or a brand name except for purposes of identifying the building by the permitted name.
E.
Parking shall be provided as provided for in § 525-34, except that a cultivation center shall be the same as research and laboratory use.
F.
All permitted outdoor cannabis businesses shall have at a minimum, a three-hundred-foot setback on properties that abut existing residential properties. All permitted indoor cannabis businesses shall have at a minimum, a one hundred-and-fifty-foot setback on properties that abut existing residential properties. The three-hundred-foot setback shall begin at the edge of the cultivated growing area(s). In the event of a conflict between the Township bulk standards and the Act or the permitting authority's regulations, the Township shall consider the pertinent statute or regulation as justification of any variance and/or design waiver.
§ 525-70 Security and reporting.
Security systems must be in place, along with a 24/7 recording system that records for a minimum thirty-day archive. This system shall be shared with the New Jersey State Police via web browser. Outside areas of the premises and the perimeter shall be well lit. The New Jersey State Police shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours. Security staff is required on the premises during all hours of operation. Additionally:
§ 525-71 No products to be visible from public places.
Cannabis plants, products, accessories, and associated paraphernalia contained in any cannabis business shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. On-site storage of usable cannabis shall comply with 21 CFR 1301.72.
§ 525-72 Storage of products.
All products and accessories shall be stored completely indoors and on-site in accordance with the Act and the permitting authority regulations.
§ 525-73 Prevention of emissions; disposal of materials.
A.
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the cannabis business premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the business premises, the property owner and operator shall be jointly and severally responsible for the full cleanup immediately.
B.
Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.
C.
As applicable, cannabis businesses shall be equipped with ventilation systems with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior to the exterior of the premises discernible by reasonable persons. The ventilation system must be inspected and approved by the Construction Official.
D.
If carbon dioxide will be used in any cultivation area, sufficient physical barriers or a negative air pressure system shall be in place to prevent carbon dioxide from moving into the ambient air, into other units in the same building or into an adjacent building in a concentration that would be harmful to any person, including persons with respiratory disease, and shall be inspected and approved by the Construction Official and the Fire Marshall.
E.
All state regulations concerning ventilation systems shall be followed.
§ 525-74 Compliance with other codes.
Any cannabis business and the adjacent grounds of the cannabis business shall comply with all zoning, health, building, fire, and other codes and ordinances of the Township as shown by completed inspections and approvals by the Township Planner, Construction Division, Fire Safety Division, and the County and Township Health Departments, if applicable.
§ 525-75 No harm to public health, safety or welfare.
The premises of a cannabis business, and any adjacent grounds thereto, shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.
§ 525-76 Additional requirements.
At the time a site plan approval is granted, amended, or a major change to a cannabis business is approved, the Township may impose on the applicant any condition related to the proposed use that is reasonably necessary to protect the public health, safety or welfare, not inconsistent with the permitting authority requirements, including, but not limited to, the following:
A.
Additional security requirements;
B.
Limits and requirements on parking and traffic flows;
C.
Requirements for walls, doors, windows, locks and fences on the premises and adjacent grounds;
D.
Requirements and limits on ventilation and lighting;
E.
Limits on noise inside the licensed premises or on the adjacent grounds;
F.
Prohibitions on certain conduct in the cannabis business;
G.
Limits on hours of operation.
§ 525-77 Violations and penalties.
Any violation of the provisions of this article, or the conditions of the zoning permit granted, by a cannabis business shall be punishable by a civil fine of up to $1,000. Each day that a violation is committed, exists or continues shall be deemed a separate and distinct offense. In addition, any violation of the provisions of this article, or any conditions imposed by the zoning permit, may result in the revocation of the zoning permit.
§ 525-78 Conflict with other provisions.
To the extent any provisions of the Township redevelopment plans, zoning and site plan standards conflict with this section, the provisions and standards of this section shall control.