Neptune City City Zoning Code
ARTICLE V
General Performance Standards
§ 139-47 Off-street parking, loading and unloading requirements.
At the time of construction, reduction, enlargement, alteration or increases of capacity or change in the use of any building, structure or property in the Borough of Neptune City there shall be provided, improved and usable off-street parking spaces as well as loading facilities in accordance with the requirements set forth in the Site Plan Review Ordinance of the Borough of Neptune City.
§ 139-48 Landscaping and buffer regulations.
Whenever any commercial or industrial property abuts a residential zone, a landscape buffer strip in accordance with the Site Plan Review Ordinance of the Borough of Neptune City shall be permanently maintained along the property line abutting the residential zone.
In any residential zone all parking areas, exclusive of ingress and egress drives, having a capacity of more than four vehicles, shall be screened from adjacent property by a buffer strip at least five feet in width.
Where an area required for a buffer is already wooded, it shall be left in its natural state and existing growth shall be supplemented with additional plant material where necessary to bring the buffer area up to the minimum requirements of this Zoning Ordinance and the Site Plan Review Ordinance of the Borough of Neptune City.
§ 139-49 Fence regulations.
[Amended 7-10-1995 by Ord. No. 1995-11; 6-28-1999 by Ord. No. 1999-6; 3-11-2002 by Ord. No. 2002-05]
Fences in single family residential type zones (R-1, R-2, RLC, RC) may be erected, altered or reconstructed to a height not exceeding six feet above ground level when located to the rear of the front building line and not exceeding three feet in height when located in front of the building line or in the front yard.
Fences in high density residential, commercial and business zones (R-2, R-1T, R-2T, RLC, RC, R-2M, HC, C) may be erected, altered or reconstructed to a height not exceeding six feet above ground level when located to the rear of the front building line and not exceeding four feet in height when located in front of the building line or in the front yard. Fences erected in front of the building line or in the front yard shall not be constructed of wire or chain link, unless same shall be screened from public right-of-way by a buffer strip of at least five feet in depth. The entire buffer strip shall be inside the property and shall consist of massed evergreen and shrubs planted in a manner that will provide a continuous visual screen throughout the entire year within a period of two growing seasons following the planting of the buffer.
Fences in the Industrial Zone (I) may be erected, altered or reconstructed to a height not exceeding six feet above ground level in any yard except that open wire fences may be erected to a height not to exceed eight feet above ground level in a side or rear yard.
Fences for corner lots shall be limited to 30 inches in height, or lower within the triangular area as defined under Section 139-23A of the chapter.
All fences shall be erected entirely within the lines. No fences shall be erected within any public and/or utility right-of-way.
Barbed wire fences shall not be permitted except in the Industrial Zone (I). When used in the Industrial Zone (I), barbed wire may only be used when needed for security purposes and shall be mounted on the top of a fence having minimum height of six feet above ground level.
All fences shall be maintained in a safe, sound and upright condition.
No fence shall be erected which is imbedded with or made of pieces of glass, sharpened metal or sharp or otherwise hazardous material nor shall any fence be erected which is intended to injure persons or animals, except as permitted in this section.
Nothing in this section shall be construed to restrict the construction of a retaining wall or other means utilized to enable one to retain earth or dirt at the level which existed at the time of the passage of this chapter.
All fences shall be installed with the finished side facing outward from the fence owner's property and the post-side and/or unfinished side facing inside toward the fence owner's property, as determined by the Zoning Officer.
Further, fences shall comply with any standards as may be required by the Land Use Board or other reviewing board pursuant to the Site Plan Review Ordinance.
§ 139-50 Sign regulations.
[Amended 10-24-2005 by Ord. No. 2005-13]
Any type of sign not permitted herein as an accessory use is prohibited in any zone in the borough and the following types and kinds of signs shall be permitted as accessory uses:
A.
Temporary signs.
[Amended 10-24-2005 by Ord. No. 2005-13]
(1)
Definition. A temporary sign shall be defined to mean all flags (except the flag of the United States of America, POW/MIA flag or one additional international flag), banners, freestanding sandwich boards or other nonpermanently ground-attached sign, signs with wheels (even if same have been removed), window signs (whether paper, material or painted directly on the window), pennants, balloons, streamers, pinwheels, all placed on property in a nonresidential zone, or property used for nonresidential purposes.
(2)
Prohibition. Except as permitted in this Section 130-50, all temporary signs in the Borough of Neptune City shall be prohibited.
(3)
Exceptions. The following temporary signs shall be permitted:
(a)
Temporary signs approved by resolution of the Land Use Board;
(b)
Two sandwich board signs (consisting of two finished sides with an "A" frame) shall be permitted for each business existing on a property, provided that same shall be fabricated from wood with handpainted or other permanent lettering and shall not exceed two feet in width and four feet in height.
[Amended 9-25-2023 by Ord. No. 2023-10]
(c)
Window signs on those windows facing an improved public street, provided that such window signs do not exceed 50% of the window area on the window facing the improved public street.
(d)
Search lights, provided that a special permit shall be first obtained from the Borough Zoning Officer, which permit shall allow the search light to be used between dusk and 10:00 p.m., no longer than three days during any calendar year per property.
(e)
Banner by permit first obtained from the Borough Zoning Officer, which shall be at a cost set by the Borough Council and limited to special events such as a grand opening, a holiday or other theme, for a maximum of one banner per property during a two consecutive week period per calendar year. The size of such banner shall not exceed three feet by 10 feet.
(f)
A single sign per property advertising the sale or rental of a real property not exceeding five square feet for property in a residential zone and 16 square feet for property in all other zones, provided that same shall be removed upon the transfer of title for the sale or signing of the lease (or occupancy, whichever shall first occur) for a rental.
B.
Building signs.
[Amended 10-15-2013 by Ord. No. 2013-6]
(1)
Definition. A building sign shall be defined as a sign attached to or painted upon a building wall and it is not extended above the roof line.
(2)
Building signs are permitted in the commercial or industrial zones advertising the business conducted on the property.
(3)
A single commercial or industrial use building is permitted one building sign not to exceed 100 square feet.
(4)
In case of multiple business or shopping centers, each business or store shall be permitted one building sign provided that the total sign area on the face of the business or store shall not exceed 10% of the area of the face of the wall of that business or store, excluding roof areas of 100 square feet, whichever is less.
(5)
When a business or store is located on a corner lot, one sign shall be permitted on each side of the building facing each street or parking lot not abutting residential properties. The areas of each sign shall be as permitted in Section 139-50B(4).
[Amended 9-25-2023 by Ord. No. 2023-10]
(6)
Signs approved for funding through the Grow Monmouth Facade Beautification Grant may be attached to the roof of a building, as long as such sign does not extend above the highest ridge line of the building.
[Added 12-23-2013 by Ord. No. 2013-10]
C.
One sign advertising a permitted use or indicating the home or office of a recognized profession or home occupation shall be permitted in any zone provided same shall not exceed two square feet in area, except when same advertises a multi-family use or garden apartment use, same shall not exceed 40 square feet.
D.
Freestanding signs in accordance with Section 111-22, except that only one such sign shall be permitted per property, not to exceed 50 square feet.
[Added 10-24-2005 by Ord. No. 2005-13]
E.
Sign area measurement. The area of a sign shall be computed as the total square foot content of the background upon which the lettering illustration or display is presented. The area of a sign consisting of individual letters or figures shall be considered as the total area of the smallest rectangle which can enclose all letters and/or figures.
[Added 10-15-2013 by Ord. No. 2013-6]
F.
The following signs shall be exempt:
(1)
Signs of government entities:
(2)
Church and charitable bulletin boards and signs not exceeding 16 square feet in area;
(3)
Construction signs not exceeding 16 square feet in area limited to a period of not more than 30 days after the period of construction;
(4)
Political signs of not more than four (4) square feet in area and must be removed within seven days after Election Day.
All signs shall comply with any other ordinances of this borough that may be applicable.
[Amended 9-25-2023 by Ord. No. 2023-10]
§ 139-51 Performance standards.
The following performance standards shall be considered as minimum standards under which any business or industrial use or operation may be commenced or continued in any part of the Borough of Neptune City.
A.
Smoke. No smoke shall be emitted which would create any nuisance, physical discomfort or irritation, or property damage beyond the boundary line of any property on which the use emitting the smoke is situated. In no instance shall any smoke be emitted which has a shade of grey greater than No. 1 on the Ringelmann Smoke Chart as published by the U.S. Bureau of Mines.
B.
Dust. No dust, dirt or fly-ash and other solid particles shall be discharged into the atmosphere as a result of any operation on the site.
C.
Toxic or corrosive gases. No toxic, corrosive gases, vapors, or fumes shall be emitted into the atmosphere.
D.
Odors. No odors shall be emitted in such quantities as to be offensive to the human senses at or beyond any property line of the site from which the odor is emanating. If a question arises as to the degree of odor emission, the matter shall be determined by reference to the guidelines established in the following:
Air Pollution Abatement Manual, Chapter 5, Manual Sheet P-6, "Physiological Effects," Table III, "Odor Thresholds," Manufacturing Chemists' Association, (Washington, D.C. 1951).
E.
Heat and glare. No heat or glare (excepting that from outdoor lighting required by this or other borough ordinances) shall be generated beyond the boundary lines of any property.
F.
Vibration. No operation shall cause any vibration perceptible to the human senses of feeling at or beyond any property line of the site.
G.
Noise. The purpose of this section is to adopt a comprehensive Noise Control Ordinance for the Borough of Neptune City pursuant to the appropriate statutory authority of the Noise Control Act of 1971, N.J.S.A. 13:1 G-21, and pursuant to the New Jersey Environment Codified Regulations Chapter 29 - Noise Control as adopted, to accomplish, without limitation, the following goals pursuant to N.J.A.C. 7:29. The authorized enforcement agency to perform noise enforcement is designated as the Monmouth County Health Department, pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.).
[Amended 4-23-2007 by Ord. No. 2007-06]
H.
Waste or sewage. No waste or sewage shall be discharged except as shall be approved by the Borough Health Officer under applicable municipal and state regulations and statutes.
I.
Radioactive and thermal wastes. No radioactive or thermal waste or sewage shall be discharged and no devices and equipment shall be installed except as shall be approved by the Borough Health Officer under applicable municipal and state regulations and statutes.
J.
Electrical disturbances. Electrical and electronic devices and equipment shall be installed and operated in such a manner that they will create no electrical disturbances that will adversely affect the operation and control of any electrical or electronic devices, located beyond the boundaries of the site.
Prior to the issuance of a permit for any proposed use, the appropriate municipal officer or body may require approval by a qualified state or federal agency or private concern relative to the standards set forth herein. Any costs or fees incurred therefore shall be born by the applicant.
§ 139-52 Enforcement.
[Amended 3-14-2005 by Ord. No. 2005-1]
It shall be a violation of the provisions of this chapter to:
A.
(1) Erect any building or structure or (2) move, alter, add to or enlarge any building or structure or (3) use, design or arrange any land, building or portion of a building or structure, except in conformity with all regulations herein specified for the district and/or zone in which it is located.
B.
Engage in any of the activities for which zoning approval is required prior to the issuance of zoning approval.
C.
After issuance of zoning approval, fail to follow, during construction, the approved site or subdivision plans, the requirements of this chapter, the conditions of approval contained in the resolution of a municipal agency.
D.
Fail to observe any direction of the Administrative Officer or his designee with regard to the suspension of any work not in compliance with this chapter, the approved plans or the conditions of any resolution of a municipal agency or of a zoning approval.
E.
Fail to observe any direction of the Administrative Officer or his designee with regard to the correction, of any work not in conformance with the approved plans or the conditions of any resolution of a municipal agency or zoning approval.
F.
After completion of a development, fail to operate and maintain the site in conformance with the approved plans, any condition of resolution of a municipal agency, zoning approval or any of the provisions of this chapter.
When questions arise concerning the measurement or enforcement of the performance standards of this chapter, the Construction Official and Code Enforcement Supervisor shall seek the assistance of the New Jersey State Department of Health or other qualified government agencies. If a violation is established, any cost of said government services charged to the borough shall be assessed against the violator in addition to any other penalties established by this chapter of law.
Any use or operation or part thereof found to be in violation of the performance standards of this chapter shall be discontinued upon the written order of the Construction Official and Code Enforcement Supervisor until the cause of such violation is eliminated or altered to such extent as to assure compliance with the performance standards.
§ 139-53 Class 5 Licensed Cannabis Retailer.
[Added 5-10-2021 by Ord. No. 2021-04; amended 7-25-2022 by Ord. No. 2022-10]
A.
All applications for licenses and permits, all licenses and permits issued and all proceedings under this article shall be in accordance with all applicable laws of the state.
B.
All licenses and permits required by this article shall be approved by the Borough Council and issued by the Borough Administrator, who shall also administer the provisions of this article. Any business duly licensed by the State of New Jersey to conduct legal adult use cannabis operations, as defined by state law, may operate within the specified permitted area so long as: (i) the entity maintains its state license in good standing; (ii) the entity maintains a Borough of Neptune City Business License in good standing; and (iii) the entity otherwise remains in full compliance with the laws and regulations established by the State of New Jersey and the Borough of Neptune City governing the licensed activity, as may be amended.
C.
A business license to operate within the Borough of Neptune City shall not be granted or renewed without such evidence as may be required by the Borough Administrator to determine that the entity maintains all valid state and/or CRC licenses and approvals, and that all such licenses and/or approvals remain in good standing from the time of registration.
D.
Borough Cannabis Advisory Committee.
(1)
A Borough Cannabis Advisory Committee ("CAC") appointed by the Mayor will act as the body for local review for the Borough for all cannabis establishments.
[Amended 3-27-2023 by Ord. No. 2023-01]
(2)
Members of said CAC may include residents and business owners located within the Borough. The appointees shall include, at a minimum, one member from the following categories:
(3)
Duties of the CAC shall be to advise the Borough governing body as to the issuance of cannabis business permits within the Borough based on the issuance of request for proposals issued by the governing body and the establishment of the criteria presented herein.
E.
Local licensing authority.
(1)
The governing body of the Borough of Neptune City is hereby designated to act as the local licensing authority for the Borough for all cannabis establishments. The Borough Council, in reviewing and rendering decisions on all cannabis licenses, shall be assisted by and act upon the recommendation of the CAC, and any other individual(s) designated by the Mayor.
(2)
Under all circumstances in which state law requires communication to the Borough by the Cannabis Regulatory Commission or any other state agency with regard to the licensing of cannabis establishments by the state, or in which state law requires any review or approval by the Borough of any action taken by the state licensing authority, the exclusive authority for receiving such communications and granting such approvals shall be exercised by the Borough Council.
(3)
Under no circumstances shall a local license for a cannabis establishment issued by the Borough Council be effective until or unless the state has issued the requisite permits or licenses to operate such a facility. No cannabis establishment may lawfully operate in the Borough of Neptune City without the issuance of a state permit or license and full regulatory oversight of the cannabis establishment by the Cannabis Regulatory Commission or other state licensing authority as well as oversight and issuance of a license by the Borough.
(4)
Any permit issued pursuant to this chapter shall be valid for a period of one year from the date of issuance and shall be renewed in accordance with the provisions of this chapter.
(5)
The Borough Administrator may, at his or her discretion, adjust the renewal date of the local permit to correlate with an applicant's state licensing and renewal schedule.
(6)
Renewal of any permit shall be governed by any code amendments, additional restrictions or changes in the Act and N.J.A.C. 17:30-1 et seq., which have not been adopted since the previous permit was issued or renewed.
[Amended 3-27-2023 by Ord. No. 2023-01]
(7)
A licensee shall comply with N.J.A.C. 17:30-6.8 governing limitations on license-holders, owners, principals and passive investors, etc.
(8)
A licensee shall comply with the provisions of N.J.A.C. 17:30-9.3 governing transfers of ownership interest.
(9)
Transfer of a license or change of location or modification to expand a permitted premise shall be subject to the approval of the Administration, the Planning Board, and Borough Council. A potential transfer of a license caused by the death of a spouse, domestic partner or adult child shall not be unreasonably denied.
(10)
Except where the Borough has received a complete renewal application along with the requisite fees, and has issued a license renewal, it shall be unlawful for any person to operate after the date of a license expiration.
F.
Limitation on number of licenses. Within the geographic boundaries of the Borough of Neptune City, the maximum number of Class 5 licensed cannabis retailers shall be two.
G.
Conditions on conditional use. Any Class 5 cannabis retailer is subject to the following conditions on conditional use:
[Amended 3-27-2023 by Ord. No. 2023-01]
(1)
Shall only be located in Borough districts zoned as HC Highway Commercial.
(2)
Shall not be permitted within 1,000 feet of another Class 5 licensed cannabis retailer.
(3)
Shall have vehicular ingress/egress to NJ State Highway 33.
(4)
Shall not be located on any property that abuts a residential zone.
(5)
Shall not be permitted within 200 feet of a Borough district zoned as residential. Said 200 feet shall be measured in the normal way that a pedestrian would properly walk from the nearest entrance of said residential property to the nearest entrance of the premises sought to be licensed.
(6)
A Class 5 cannabis retailer may not locate within 1,000 feet from any school identified on the Borough’s Official Drug Free School and Park Zones Map, and pursuant to regulations and definitions in N.J.S.A. 2C:35-7 et seq., and N.J.S.A. 2C:35-7.1 et seq.
(7)
There shall not be any drive-through associated with any Class 5 cannabis retailer.
H.
Hours of sale. Hours of operation for Class 5 cannabis retailer license businesses shall be limited to 10:00 a.m. to 9:00 p.m., Mondays through Saturdays, and 11:00 a.m. to 8:00 p.m. on Sundays in the HC Zone.
[Amended 3-27-2023 by Ord. No. 2023-01]
I.
Prohibition of certain activities.
(1)
It is hereby established that it is unlawful for any person, who is of legal age to consume cannabis products, to smoke, vape, aerosolize, ingest or otherwise consume in any public place any cannabis products on a public street, highway, avenue, alley or road of the Borough; or upon any public or quasi-public parking lots, or any other parking facilities in the Borough; or on any public grounds, parks, sidewalks, beaches, marine basins, promenade or quasi-public areas; or any shopping center common areas; or in any automobile, or other vehicle or in any other means of transportation on the public streets, highways, alleys, avenues, grounds, sidewalks, parks, marine basins, beachfronts or promenade or quasi-public areas in the Borough. Any unlawful consumption shall be a disorderly persons offense. Any person who is found to be in violation of this section may be subject to a penalty as provided in Chapter 1, Article III, Violations and Penalties, §§ 1-16 to 1-20.
J.
Application process.
(1)
Any license conditionally issued by the Borough is contingent upon the locally licensed entity's or individual's subsequent receipt of a state permit or license of the same class or type of regulated cannabis activity.
(2)
Persons wishing to obtain a Class 5 cannabis license shall file a license application with the CAC, on a standardized form established by the Borough Administrator and available in the Borough Clerk's office. The Borough Administrator shall establish a reasonable application period and deadline for all applications. An application shall be deemed incomplete, and shall not be processed by the Borough Administrator, until all documents and application fees are submitted. To be deemed complete, all applications shall be accompanied by the following:
(a)
The applicant shall submit proof that the applicant has or will have lawful possession of the premises proposed for the cannabis establishment, which proof may consist of: a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing.
(b)
The applicant shall submit an affidavit and documentary proof of compliance with all state and local laws regarding affirmative action, antidiscrimination and fair employment practices. The applicant shall also certify under oath that they shall not discriminate based on race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status, in any of its activities or operations.
(c)
The location proposed for licensing by the applicant shall comply with all applicable municipal zoning laws and the location restrictions set forth in this Code.
(d)
The applicant shall submit, to the satisfaction of the Borough Administrator, proof of financial capability to open and operate the cannabis establishment for which the applicant is seeking a license. Standards for proof of financial capability shall be determined by the CAC.
(e)
The applicant and the application shall otherwise comply with any, and all qualification standards set forth by the State of New Jersey and Borough of Neptune City laws, regulations or ordinances.
(f)
In the event there are multiple applicants for a license, the Borough Administrator shall evaluate all applicants and issue a notification of award after consideration and evaluation of the following criteria:
[1]
Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, and retail pharmacies, with preference to experience operating such businesses within the State of New Jersey and where the value of owners' experience shall outweigh the experience of nonowner principals; and
[2]
Applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in law enforcement and drug enforcement and a summary of the applicant's plans for storage of products and currency, physical security, video surveillance, security personnel, and visitor management; and
[3]
Applicant's or its owners' experience conducting or supporting or plans to conduct institutional review board-approved research involving human subjects that is related to medical cannabis or substance abuse, where the value of past or ongoing clinical research with IRB approval shall outweigh plans to conduct such research, whether the applicant has had any assurance accepted by the U.S. Department of Health & Human Services indicating the applicant's commitment to complying with 45 CFR Part 46, and whether the applicant has a research collaboration or partnership agreement in effect with an accredited U.S. school of medicine or osteopathic medicine with experience conducting cannabis-related research; and
[4]
Applicant's brand and proposal for the physical presence of the business, including but not limited to: the site's ability to meet all land use regulations (parking, landscaping, signage, etc.), architectural treatments, customer experience; and
[5]
Applicant's or its owners' demonstrated commitment to the community and social responsibility; or sufficient evidence related to N.J.A.C. 17:30-30-7.10(a)(13); and
[6]
Summary of the applicant's environmental impact and sustainability plan; whether the applicant entity or its parent company has any recognitions from or registrations with federal or New Jersey state environmental regulators for innovation in sustainability; and whether the applicant entity or its parent company holds any certification under international standards demonstrating the applicant has an effective environmental management system or has a designated sustainability officer to conduct internal audits to assess the effective implementation of an environmental management system; and
[7]
Applicant's demonstrated commitment or sufficient experience as responsible employers, defined as the applicant entity being committed to a local program in collaboration with organizations committed to the well-being of residents, including but not limited to the Borough and surrounding service area. This may be evidenced by letters in support and agreements, a local workforce hiring and development plan, community service, and/or collaborations with a university or specialized training facility; and
[8]
Applicant's demonstrated commitment to diversity in its ownership composition and hiring practices.
(3)
A notification of award and conditional municipal license shall entitle the recipient applicant to pursue a state permit or license in the appropriate classification for up to 12 months. No license to operate shall issue until the applicant has received a state permit and satisfied other prerequisites of municipal licensure. If the recipient of a notice of award and conditional license has not received a state permit or license within 12 months from issuance, the Borough Administrator shall issue a new request for applications and evaluate all applicants for licensure under the above criteria.
(4)
In addition to complying with any state requirement related to good character and criminal background, any person proposed to have an ownership interest in the license shall not have had any cannabis license or permit revoked for a violation affecting public safety in the State of New Jersey or a subdivision thereof within the preceding three years.
(5)
Nothing in this section shall prohibit the Borough from conducting a background check at the time of receipt of the application. Submission of an application shall constitute consent on behalf of the applicant and any persons proposed to have an ownership interest to such background check.
K.
Term of license and license renewals.
(1)
Any local license issued pursuant to this chapter shall be valid for a period of 12 months from the date of issuance and shall be renewed yearly in accordance with the provisions of this chapter.
(2)
The Borough Administrator may, at his/her discretion, adjust the renewal date of the local license to correlate with an applicant's state licensing and renewal schedule.
(3)
Renewal of any license shall be governed by any amendments to state law, regulations and/or the Borough of Neptune City Code.
(4)
Except where the Borough Administrator has received a complete renewal application along with the requisite fees, and has issued a license renewal, it shall be unlawful for any person to manufacture, sell, distribute, transfer, transport, or otherwise remove cannabis or cannabis products from the premises of any license after the expiration date recorded on the face of the license.
L.
Fees.
(2)
The above fees shall be submitted to the Borough at the time the cannabis business submits its initial application or the renewal application to the Borough. If the cannabis business's application is denied, the Borough shall refund 80% of the initial application or renewal fee if the applicant is not approved for a cannabis license by the State of New Jersey and/or is not selected by the Borough for issuance of a Class 5 license.
M.
Disciplinary actions; sanctions; penalties.
(1)
Nuisance. With respect to the operation of any cannabis license, the following is hereby declared to be an unlawful public nuisance:
[Amended 3-27-2023 by Ord. No. 2023-01]
(a)
Odors or noise which are disturbing to people of reasonable sensitivity who may be residing near or present on nearby property, including areas open to the public.
(b)
Repeated dispatches to the property by law enforcement.
(c)
Disruption to and/or obstruction of the free passage of persons and/or vehicles in the immediate vicinity of the property.
(d)
Any other condition or act which may be deemed a violation of this chapter.
(2)
Disciplinary actions. Procedures for investigation of license violations and for suspension, revocation, or other licensing sanctions as a result of any such violation shall be as follows:
(3)
Summary suspension. Notwithstanding the foregoing section, when the Borough has reasonable grounds to believe that a licensee has engaged in a willful violation of any applicable law, regulation or Borough of Neptune City Code provision, or that the public health, safety, and/or general welfare has been jeopardized and requires emergency action, the Borough Administrator may enter a summary suspension order for the immediate suspension of such license pending further investigation.
(a)
The summary suspension order shall be in writing and shall state the reasons therefore. The licensee shall be afforded an opportunity for a hearing as outlined herein.
(b)
The Borough Administrator shall convene a review panel consisting of the Borough Administrator, a second administrative officer designated by the Mayor, and an officer designated by the Chief of Police. The hearing shall be scheduled within 30 days of the date of the order.
(c)
The review panel is authorized to impose any fines, conditions, restrictions, suspensions, or combination thereof authorized by the State of New Jersey. The Borough may issue fines up to, but not to exceed, $2,500 per offense and/or suspension of license for a period not to exceed six months.
(4)
Inactive licenses. Following the commencement of retail sales of cannabis or cannabis products, the Borough may suspend or revoke any license if the licensed premises have been inactive or unoccupied by the licensee for at least six months.
(5)
Revocation of license. In addition to the foregoing, any cannabis mercantile registration shall be deemed null and void at the discretion of the Chief Law Enforcement Officer of the Borough or any authorized Borough representative for violation of any Borough Ordinance, unless but not limited to a dormant license as determined by the CAC and or any violation of any New Jersey State regulation shall be a basis for nonrenewal.
(6)
Reissuing of licenses. The Borough may reissue any licenses that become inactive or revoked by utilizing the same licensing process as outlined in this chapter.
[Amended 3-27-2023 by Ord. No. 2023-01]
(7)
State license. The Borough may suspend or revoke any license if the corresponding state license or permit for the subject location is expired, surrendered, suspended, or revoked.
N.
Site plan review requirements.
(1)
The Borough's Zoning Officer will review and determine whether any proposed Cannabis establishment requires approval from the Zoning Board of Adjustment and or Planning Board through the zoning permit approval process.
O.
Signage and display of products.
(1)
Each business shall be permitted two signs.
(2)
Signs shall be limited to location identification/name of business.
(3)
Signs shall not promote consumption of any cannabis product.
(4)
Signage design shall not include artistic or photographic renderings of cannabis plants or paraphernalia.
(5)
Neon signs shall be prohibited.
(6)
The following words shall be prohibited from appearing on any sign: "pot" and "weed."
(7)
Signage shall comply with the Borough's Signage Ordinance, as may be amended from time to time.
(8)
No cannabis products shall be displayed in any windows or doors.
P.
Requirements for cannabis businesses.
(1)
All cannabis businesses.
(a)
There shall be no on-site sales of alcohol or tobacco products, and no on-site consumption of food, alcohol, tobacco, or cannabis by patrons.
(b)
No outside storage of any cannabis, cannabis products, or cannabis paraphernalia shall be permitted.
(c)
All licensed cannabis facilities shall have a round-the-clock video surveillance system, 365 days a year.
(d)
Video surveillance shall be retained a minimum of seven days or pursuant to state and federal law, whichever is greater.
(e)
All licensed facilities must provide the Neptune City Police Department with access to security footage immediately upon request by the department.
(f)
All licensed facilities must provide at least one licensed security guard (or more if required by the state) during all times the facility is open to the public. All patrons must be screened by said security employee and patrons must demonstrate proof of minimum age (21 years old).
(g)
As applicable and to the fullest extent possible, all licensed facilities must provide for adequate buffering as otherwise required by Borough of Neptune City Ordinance.
(h)
All cannabis establishments shall conduct business and operations indoors.
(i)
No more than one ounce of cannabis or cannabis product may be sold to a specific customer at a given time.
(j)
Use or consumption of cannabis or cannabis products in any manner shall not be permitted within the cannabis retailer's facility, whether in the building or on its grounds or parking lots. Cannabis consumption areas are not permitted.
(k)
All licensed facilities shall be enclosed in heated/air-conditioned permanent buildings, not trailers, outdoors, movable kiosks, etc.
(l)
Any cannabis retailer shall only have one primary public access point, which shall be directly adjacent to the right-of-way or parking area of the building. Access should not be through common entrances with other uses.
(m)
Drive-through facilities are not permitted.
(n)
All licensed facilities' interiors shall provide a secure location for storage of products with minimum products in any customer service area.
(o)
The cannabis retail facility shall be responsible for ensuring compliance with all interior capacity restrictions, including, but not limited to, customer wait lines. Should the Borough's Police Department be necessary to provide security related to customer management, the cannabis retailer shall be responsible for the sole costs of such security.
[Amended 3-27-2023 by Ord. No. 2023-01]
Q.
Odor mitigation/smoking.
(1)
All cannabis businesses must provide adequate HVAC air quality equipment.
(2)
Cannabis odor must not permeate outside any cannabis business establishment.
(3)
All cannabis businesses shall adhere to generally applicable Borough ordinances regulating odor emissions and environmental impacts.
(4)
All retail cannabis businesses must follow the protocols set forth in the Clean Air Act.
(5)
No smoking is permitted inside or outside of any cannabis business establishment.
R.
Noise mitigation. All cannabis businesses shall adhere to all generally applicable noise ordinances, nuisance ordinances, other Neptune City Borough Code requirements and all other state and federal requirements.