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Pennsauken Township
City Zoning Code

§ 141-90.1

Cannabis uses.

[Added 8-5-2021 by Ord. No. 2021:22; amended 7-21-2022 by Ord. No. 2022:16]
A. 
Cannabis manufacturers, wholesalers and retailers, as said terms are defined in N.J.S.A. 24:61-31 ("New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act") and § 141-4 of this Code, shall only be permitted uses in the Township as set forth in Chapter 141 — "Development Regulations." Cannabis cultivators (Class 1), cannabis distributors (Class 4) and cannabis delivery services (Class 6), except for the delivery of cannabis items and related supplies by a delivery service, shall be prohibited in all zones in the municipality.
B. 
Medical cannabis dispensaries, as defined in N.J.S.A. 24:6I-3 ("Jake Honig Compassionate Use Medical Cannabis Act") and § 141-4 of this Code shall only be permitted uses in the Township as set forth in Chapter 141 — "Development Regulations."
C. 
Cannabis manufacturers, wholesalers, retailers and medical cannabis dispensaries shall be prohibited within a redevelopment area unless said uses are specifically identified by name as a principal permitted use in the adopted redevelopment plan. For the purposes of this section, inclusion by reference (e.g., "all uses permitted in the HI Zone District" or "all uses permitted in the underlying zone district") shall not be considered to be specifically identified by name as a principal permitted in the adopted redevelopment plan.
D. 
A maximum of two Class 5 cannabis retailer license establishments will be permitted within the Township.
E. 
A maximum of two medical cannabis dispensaries will be permitted within the Township.
F. 
Cannabis manufacturers and wholesalers shall only be permitted in the LI and HI Districts.
G. 
Cannabis retailers shall only be permitted in the C1, LI and HI Districts.
H. 
Medical cannabis dispensaries shall only be permitted in the C1, LI and HI Districts.
I. 
The required local cannabis license for cannabis retailers, cannabis manufacturers, and cannabis wholesalers must also be obtained from the Township of Pennsauken.
J. 
A public or nonpublic school or preschool or child-care center, alcohol or drug abuse recovery or treatment facility, behavioral health care facility or residential medical detoxification center, shall not be within 1,000 feet of an existing cannabis establishment, including, but not limited to, retailers, wholesalers, manufacturers, or medical cannabis dispensaries.
K. 
A church, house of worship or public park, playground or other publicly owned recreational facility shall not be within 500 feet of an existing cannabis establishment, including, but not limited to, retailers, wholesalers, manufacturers, or medical cannabis dispensaries.
L. 
Odor control. Odor control devices and techniques shall be incorporated in all cannabis establishments to ensure that odors from cannabis are not detectable off-site. Cannabis establishments shall provide a sufficient odor-absorbing ventilation and exhaust system so that odor generated inside the cannabis establishment that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights-of-way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis establishment. As such, cannabis establishments must install and maintain the following equipment, or any other equipment which the Board determines is a more effective method or technology:
(1) 
An exhaust air filtration system with odor control that prevents internal odors from being emitted externally; or
(2) 
An air system that creates negative air pressure between the cannabis establishment's interior and exterior, so that the odors generated inside the cannabis establishment are not detectable on the outside of the cannabis establishment.
M. 
Applications to develop cannabis manufacturers, wholesalers, and retailers shall be accompanied by a written statement, which demonstrates how proposed site and building design relates to the implementation of the security plan approved by the local cannabis licensing authority and Pennsauken Township Police Department as part of the separate application process for the required local cannabis license described in Chapter 95 of this code.