Raritan City Zoning Code
ARTICLE XVI
Conditional Uses
§ 207-127 Applicability; applications; imposition of conditions.
A.
Pursuant to P.L. 1975, c. 291,[1] the Planning Board may grant conditional uses as herein permitted and regulated. Application for a permitted conditional use shall be made in accordance with procedures set forth in this chapter of the Borough, and the Planning Board shall act on the application in accordance with said procedures. No conditional use shall be granted unless the same will not be detrimental to the health, safety and general welfare of the Borough, is not likely to involve unusual risks of traffic safety or traffic congestion and is reasonably necessary for the convenience of the community and/or region. Unless otherwise provided below, conditional uses shall meet the requirements and limitations contained in the Schedule of Bulk Requirements.[2] In addition, all applicable provisions related to subdivision or site plan approval shall be complied with.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: The Schedule of Bulk Requirements is included as an attachment to this chapter.
B.
In reviewing an application for any conditional use as herein provided, the Board may impose such conditions and safeguards as it deems appropriate with respect to, among other matters, the minimizing of traffic congestion by appropriate arrangements of entrances and exits to assure public safety. Requirements for conditional uses shall take precedence over any regulations for the zone in which said use is located. Said conditional use requirements for the following permitted conditional uses shall be as follows.
§ 207-128 General provisions.
B.
Height limitations of conditional uses. Except where a specific height limitation is provided for a conditional use in this section or where an exception is permitted, any building or structure containing a conditional use shall conform to the height limitations of the zone district in which it is proposed to be located.
C.
Fees for conditional uses. Each application for a conditional use shall be accompanied by a fee as specified in § 207-24.
D.
Time frames for Board action on conditional uses.
(1)
Action by the Board shall be in accordance with the provisions of N.J.S.A. 40:55D-1 et seq. The Board shall grant or deny an application for a conditional use within 95 days of submission of a complete application by a developer to the administrative officer or within such further time as may be consented to by the applicant.
(2)
The review by the Board of a conditional use shall include any required site plan review. The time period for action by the Board on conditional uses shall apply to such site plan review. Failure of the Board to act within the period prescribed shall constitute approval of the application, and a certificate of the administrative officer as to the failure of the Board to act shall be issued on request of the applicant, and it shall be sufficient in lieu of the written endorsement or other evidence of approval herein required and shall be so accepted by the county recording officer for purposes of filing subdivision plats.
(3)
Whenever review or approval of the application by the County Planning Board is required by Section 5 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.3), in the case of a subdivision, or Section 8 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.6), in the case of a site plan, the Municipal Planning Board shall condition any approval that it grants upon timely receipt of a favorable report on the application by the County Planning Board or approval by the County Planning Board by its failure to report thereon within the required time period.
E.
Existing conditional uses. If a proposed conditional use is sought for a building or structure which existed at the time of the adoption of this section, including any enlargement or expansion of any existing conditional use, or the conversion of an existing conditional use to another conditional use, there must be complete compliance with all the requirements for the conditional use that would apply to the construction of a new building or structure for that conditional use at that location.
F.
Rebuilding of a conditional use destroyed. Notwithstanding any provisions of this section to the contrary, in the case of a partial or complete destruction of a place of worship, or rectories or parish houses or convents existing on January 1, 1979, the structure or building so destroyed may be rebuilt on the same site and as it existed prior to the destruction, even though it may not conform to all the conditions of the conditional use for that zone. The term "rebuilt as it existed," for the purposes of this section, shall be deemed to mean that the structure or building may be rebuilt with ground coverage not in excess of that of the former building or structure and with usable floor space on all floors not in excess of that which existed in the former building or structure and with a height not to exceed that which existed in the former building or structure. It shall not be necessary that the replacement be identical to the former structure in any other particulars.
G.
Findings of fact for conditional uses. The Planning Board shall not grant a permit for a conditional use unless it shall, in each specific case, make specific written findings of fact directly based upon the particular evidence presented to it that support the conclusion that:
(1)
The proposed conditional use complies with all the applicable regulations of this section.
(2)
The proposed conditional use at the specified location will not impair the welfare or convenience of the public.
(3)
The proposed conditional use will not cause undue depreciation of property values in the neighborhood.
(4)
The location and size of the conditional use, the nature and intensity of the operation and the location of the site with respect to access streets are such that the conditional use will not dominate the immediate neighborhood as to prevent the development and use of neighboring property in accordance with the applicable zoning regulations. In determining the foregoing, consideration shall be given to:
(a)
The location, nature and height of structures, walls and fences on the site.
(b)
The nature and extent of landscaping and screening on the site.
(c)
The safety and convenience of vehicular and pedestrian access and circulation to and within the site.
(d)
Anticipated volumes and destinations of traffic generated by the proposed use.
(5)
The proposed conditional use is needed by the residents of the Borough of Raritan and/or the State of New Jersey for their convenience or general welfare, and that this need cannot be reasonably satisfied by any other means.
(6)
Adequate utilities, drainage and other facilities have or will be provided.
(7)
Adequate access roads or entrance and exit drives will be provided and shall be so designed to prevent traffic hazards and to minimize traffic congestion in public streets and alleys.
§ 207-129 Public and private schools.
Public schools and full-time private schools covering any or all grades prekindergarten through Grade 12 or trade schools, if approved by the State Board of Education, which are operated to satisfy state-mandated educational requirements are permitted, provided that said conditional use shall meet all of the following requirements:
A.
Minimum lot size and street frontage. The lot or site on which the proposed use is to be located shall have a minimum area of 90,000 square feet, plus an additional 45,000 square feet for every 100 pupils or portion thereof of maximum capacity, and the lot or site shall have a minimum street frontage of 225 feet.
B.
Lot coverage. The coverage of the lot by buildings and structures will not exceed 15%, and the total coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways or other improvements shall not exceed 40% of the total area of the lot.
C.
Setbacks.
(1)
Any building or structure shall be set back from the front street line a distance not less than two feet of setback for each one foot of building or structure height or shall conform to the front yard setback requirements of the zone in which it is located, whichever is greater.
(2)
Any building or structure shall be set back from the side property lines a distance not less than two feet of setback for each one foot of building or structure height or 40 feet, whichever is greater.
(3)
Any building or structure shall be set back from the rear property line a distance not less than two feet of setback for each one foot of building or structure height or 50 feet, whichever is greater.
D.
Off-street parking. Off-street parking shall be provided in accordance with Article IX. The Planning Board may require additional parking if, in its opinion, the parking spaces prescribed above are not sufficient to ensure that the use will not cause parking in a public street during the course of normal educational programs. Such parking spaces shall not be located within the front yard area nor within 25 feet of a property line and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in accordance with § 207-67.
E.
Playgrounds, playing fields and other recreation facilities. All playgrounds, playing fields and other recreation facilities shall be located a minimum of 25 feet from any property line and shall be landscaped to provide a continuous year-round screen along those property lines abutting residential uses.
F.
Exclusions. This section is not intended to apply to part-time schools which are conducted as an adjunct or supplement to the religious activities of a religious organization or place of worship, such as but not limited to Sunday schools, nursery schools, catechism or Hebrew schools, adult education, or the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations, but is intended to apply to educational institutions, whether or not operated in conjunction with religious organizations or places of worship or chartered membership organizations which are operated on a full-time basis which offer general academic instruction or training in a skill, trade or vocation and which are intended to fulfill state-mandated educational requirements.
§ 207-130 Public utility facilities.
Public utility facilities and uses are permitted as a conditional use in any residential zone district and shall meet the following minimum requirements:
A.
Building design. The design of any building or structure required for such use shall conform to the general character of the area in which it is located.
B.
Fencing. Adequate fencing for security shall be provided, maintained and replaced as required.
C.
Site requirements. The lot on which the facility is to be located shall be sufficient in size to adequately accommodate the proposed facility, together with any parking space required to serve the facility so that the total coverage of the lot by all buildings, sidewalks, parking areas, driveways or other improvements does not exceed 50% of the total area. Parking shall not be located within the front yard area, nor within 25 feet of a property line, and shall otherwise comply with all general requirements of this chapter concerning parking areas. In addition, landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required to preclude, to the maximum extent possible, the view of the facility from a public street.
D.
Front yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located or a distance equal to the height of the building, whichever is greater.
E.
Side yard. Any building or structure shall be set back from the side property lines a distance not less than the height of the structure of this chapter or 25 feet, whichever is greater.
F.
Rear yard. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.
§ 207-131 Places of worship.
Places of worship and associated residences for clergy on the same tract are permitted, provided that said conditional uses shall meet all of the following requirements:
A.
The organization is or will be a bona fide nonprofit religious group organized primarily for the benefit of its membership and such other activities normally carried on by religious groups, and the organization has been granted exemption from taxation under the laws of both the State of New Jersey and the United States applying to religious organizations.
B.
Minimum lot size and street frontage. The lot on which the proposed use is to be located shall have a minimum area of 75,000 square feet and shall have a minimum street frontage of 225 feet.
C.
Lot coverage. The coverage of the lot by all buildings, structures, sidewalks, parking areas, driveways and other improvements shall not exceed 80% of the total lot area in the B-1 and 50% of the total lot area in the other zones permitting this conditional use.
D.
Front yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
E.
Side and rear yard. Any building or structure shall be set back from the side property lines a distance not less than the height of the structure or 25 feet, whichever is greater. Any building or structure shall be set back from the rear property line a distance not less than the height of the structure or 50 feet, whichever is greater.
F.
Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the religious activities of a religious organization or place of worship, such as but not limited to religious education schools, nursery schools, adult education, and the like, be classified as a mixed use as defined herein for the premises on which they are conducted.
G.
The organization shall not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1)
The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
(2)
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Raritan, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
(3)
Sale of religious articles or items having a relation to the cultural or ethnic background of the members of the faith are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
§ 207-132 Professional offices.
Professional offices are permitted as a conditional use in those portions of the R-4 Zones that have frontage on Somerset Street, provided that said conditional use shall meet all of the general requirements in Subsection A and the specific requirements of the appropriate following subsections:
A.
General conditions.
(1)
Conversion of residential dwellings to professional offices shall only be allowed on properties with frontage on Somerset Street.
(2)
Structures used for professional offices shall contain not more than one residential use, to be located above the first floor.
(4)
Parking shall be located a minimum of five feet from any property line. This five-foot setback shall be landscaped in accordance with § 207-67 of this chapter.
(5)
Stormwater management shall be provided in accordance with applicable regulations.
(6)
Lighting systems shall be designed to shield adjacent properties from glare and spillage and to reduce light levels to security levels only when the office is not in use.
(7)
Signs shall be allowed in accordance with the requirements of § 207-97 for residential zones, with the following exception: A freestanding ground sign shall be permitted, providing that such sign shall be no larger than eight square feet; contain only the name of the business or professional occupation, address, hours of operation; be located a minimum of two feet from the inside edge of the sidewalk; not exceed four feet in height; and be located such that it will not block the sight distance for either the on-site driveway or adjacent off-site driveways.
B.
Adaptive reuse of existing residential structure. Where no expansion is proposed, an existing house may be converted to professional office use, provided all the conditions in Subsection A above are met.
C.
Replacement of existing structure without expansion. Where the existing structure is not suitable for adaptive reuse as office space, it may be replaced with a similar structure, having a residential appearance, using the same footprint and having the same square footage (gross floor area) as the dwelling being replaced, provided all the conditions in Subsection A above are met.
D.
Replacement of existing structure with larger structure. Where the existing structure is not suitable for adaptive reuse as office space, it may be replaced by a larger structure, having a residential appearance, only if all the conditions in Subsection A above are met and the following conditions are also met:
(1)
The minimum lot size complies with the minimum required lot size of the zone, i.e., 7,500 square feet.
(2)
The floor area ratio of the new building shall not exceed 0.25, excluding basement space used only for storage.
(3)
The proposed front yard setback equals or exceeds the setback of the dwelling to be replaced.
(4)
One side yard is a minimum of five feet and the other side yard is a minimum of 20 feet, to allow for a two-way driveway.
§ 207-133 Nonprofit chartered membership organizations.
Buildings operated by chartered membership organizations for the benefit of the public and not for profit and the office or offices of charitable organizations are permitted, provided that said conditional uses shall meet all of the following requirements:
A.
Certificate of incorporation. The application shall be accompanied by the existing or proposed certificate of incorporation and proof that the organization is, or will be, a bona fide nonprofit group organized solely for charitable purposes or for the benefit and enjoyment of its members who shall be primarily residents of Raritan and the surrounding communities.
B.
Minimum lot size and street frontage. The lot on which the proposed use is to be located shall have a minimum area of 45,000 square feet, plus an additional 150 square feet of lot area for each 15 square feet of floor area in the building and any appurtenant structure on the same lot in excess of 1,500 square feet, and shall have a minimum street frontage of 200 feet.
C.
Lot coverage. The coverage of the lot by structures will not exceed 20%, and the total coverage of the lot by all buildings, sidewalks, parking areas, driveways and other improvements shall not exceed 50% of the total lot area.
D.
Front yard. Any building or structure shall conform to the front yard setback requirements for the zone in which it is located.
E.
Side yard. Any building or structure shall be set back from the side property lines a distance not less than the height of the building or structure or 25 feet, whichever is greater.
F.
Rear yard. Any building or structure shall be set back from the rear property line a distance not less than the height of the building or structure or 50 feet, whichever is greater.
G.
Street access. The proposed use is located on a thoroughfare classified as other than a minor street by the Raritan Master Plan.
H.
Off-street parking. Off-street parking shall be provided on the same lot, in accordance with the requirements of § 207-63. Such parking space shall not be located within 25 feet of a property line and shall otherwise comply with all general requirements of this chapter concerning parking areas.
I.
Screening. Landscape plantings shall be provided in sufficient quantity, location and height and maintained and replaced as required to preclude view of the facility from a public street. See § 207-67.
J.
The sale or consumption of liquor or alcoholic beverages in any form shall not be permitted, unless the Planning Board specifically finds that such sales or consumption will not be detrimental to the character of the area and the safety and welfare of the public.
K.
The organization shall not engage in sales of products or materials to the general public or otherwise engage in activities normally carried on as a business or commercial activity, except that:
(1)
The premises may be made available on a rental basis for meetings of other groups, private social functions and the like.
(2)
The organization may conduct intermittent commercial activities open to the general public designed solely to raise funds to support the purposes of the organization or for related or affiliated organizations with charitable, educational or religious purposes, provided that such activities are conducted inside of a building or structure. Such activities shall also be permitted outside of a building or structure under the authority of a special license granted by the Borough Council of the Borough of Raritan, which shall contain such conditions as are considered necessary for the public health, safety and welfare. This subsection shall not prevent the organization from hiring or otherwise engaging profit-making organizations to conduct fund-raising activities, even though a portion of the funds raised is taken by such profit-making organization as a fee.
(3)
Sale of items, products or materials related to or accessory to the primary function or activity of the organization conducted on the premises, such as but not limited to food and alcoholic beverages (if the sale of such beverages is permitted by the Planning Board and the organization holds a license for the sale of same), athletic equipment, and the like, are permitted on a continuous basis, provided that such sales are conducted inside the building or structure.
L.
Overnight accommodations shall not be provided.
M.
Hours of use are fixed in a manner in which the property rights of nearby property owners will not be adversely affected.
N.
Activities of the organization shall be carried on primarily within an enclosed building or structure.
O.
Exclusion. It is not intended that part-time schools which are conducted as an adjunct or supplement to the purposes and objectives of the organization be classified as a mixed use as defined herein for the premises on which they are conducted.
§ 207-134 Assisted living facilities and nursing homes.
Assisted living facilities and nursing homes are permitted, provided that said conditional uses shall meet all of the following requirements:
A.
Lot area. There shall be a minimum lot area of 125,000 square feet in the B-3 Zone or 150,000 square feet in the P-1 Zone.
B.
Height. No structure shall exceed 40 feet in height or three stories.
C.
Setbacks. No structure shall be permitted closer than 50 feet to the street right-of-way line or 25 feet from any abutting property line or street right-of-way line in the B-3 Zone or 100 feet to any abutting property line or street right-of-way line in the P-1 Zone.
§ 207-135 Age-restricted senior housing.
Age-restricted senior housing shall be permitted as a conditional use and shall meet the following minimum standards:
A.
Lot area. There shall be a minimum lot area of 125,000 square feet.
B.
Affordable set-aside. A minimum of 11% of the units shall be affordable to low- and moderate-income households, in conformance with the rules and requirements of this chapter and the Council on Affordable Housing. Affordable households must also meet the age requirements for age-restricted senior housing in accordance with the definition in this chapter.
C.
Density. Density shall not exceed 22 units per acre.
D.
Age restriction. Units shall be age-restricted for senior households in accordance with the definition in this chapter.
E.
Height. No structure shall exceed 40 feet in height or three stories.
F.
Setbacks. No structure shall be permitted closer than 50 feet to the street right-of-way line or 25 feet from any abutting property line.
G.
Off-street parking. Off-street parking shall be provided per RSIS. Parking spaces in excess of 0.5 space per unit shall be shown on the plan, but need not be constructed unless required.
H.
Common areas. Common areas within the building shall be provided at a rate of 15 square feet per unit. These spaces may be used for sitting areas, meeting and club rooms, recreation and other such uses for the enjoyment of the residents.
§ 207-136 Hotels, motels and convention centers.
Hotels, motels and convention centers are permitted in the B-3 Zone as conditional uses and shall meet the following minimum standards:
A.
Minimum lot size. There shall be a minimum lot area of five acres, measured within 500 feet of the front street right-of-way line.
B.
Lot width. Every lot shall have a minimum width measured at the front street setback line of 400 feet.
C.
Height. No structure shall exceed five stories in height.
D.
Setbacks. No structure shall be permitted closer than 100 feet to any abutting property line or street right-of-way line, except that no structure shall be permitted closer than 200 feet from any residential zone.
E.
Off-street parking. Off-street parking shall be provided for convention centers at the rate of one parking space for every two seats of the maximum capacity. Where a convention center and either a hotel or motel are developed in combination as a single entity, off-street parking shall be provided by calculating both the convention center and hotel or motel parking requirements separately, then taking 1/2 of the hotel or motel requirement from that portion of the off-street parking requirement calculated for convention center seating numbering over and above the number of guest rooms contained in the hotel or motel. Such parking shall not be located within the front yard area, nor within 25 feet of a property line or residential zone, and shall otherwise comply with all general requirements of § 207-63 concerning parking areas.
§ 207-137 Public garages and gasoline service stations.
Public garages or gasoline service stations are permitted as a conditional use, provided that said conditional use shall meet all of the following requirements:
A.
Minimum lot size. There shall be a minimum lot area of 40,000 square feet, measured within 200 feet of the front street right-of-way line. If the Planning Board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard or other such considerations, is such that a larger site is in the public interest, then it shall impose such additional requirements.
B.
Frontage. Every lot shall have a minimum street frontage of 150 feet.
C.
Boundary restrictions. The nearest boundary line of the lot or parcel of land to be so used must be at least 300 feet measured in a straight line from any boundary line of property which is used as or upon which is located:
(1)
A public or private school or playground.
(2)
A church or other place of worship.
(3)
A hospital.
(4)
A public library, public art museum, civic center, or other public building or structure or similar place of public assembly.
(5)
A theater or other building or structure used or intended to be used for motion pictures, theatrical or operatic productions, or for public entertainment.
(6)
A fire house or fire station.
D.
Minimum distance from intersection. The nearest boundary line of the lot or parcel of land so to be used shall be at least 100 feet, measured in a straight line from the intersection of any two streets designated as a major highway or secondary artery on the Borough Master Plan.
E.
Bulk standards.
(1)
Front yard. No building, pump, mechanical equipment or other appliance shall be closer to the front street sideline than 35 feet.
(2)
Side and rear yard. No building, pump, mechanical equipment or other appliance shall be closer to the side or rear lot line than 25 feet.
(3)
Lot coverage. The coverage of the lot shall not exceed 20%.
(4)
Maximum height. No building height shall exceed one story.
F.
Off-street parking. All off-street parking facilities shall meet the following requirements:
(1)
One off-street parking space shall be required for each 100 square feet of floor area of all buildings on the site, in addition to one parking space for every pump located on the site.
(2)
Screening. All public garages and gasoline service stations shall be screened by a buffer area not less than 25 feet in width composed of densely planted evergreen shrubbery, solid fencing, or a combination of both, which, in the opinion of the Planning Board, will be adequate to prevent the transmission of headlight glare across any property line. Such buffer screen shall have a minimum height of five feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent area and shall be maintained and replaced as required.
(3)
Access. Entrance and exit driveways shall be limited to two for each 150 feet of frontage. Such driveways shall not be less than 16 feet nor more than 24 feet in width and at least 15 feet from any adjoining property and at least 30 feet from the corner of any intersecting public streets.
(4)
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities shall be used for complying with the parking requirements of this chapter.
G.
Outdoor display. Accessory goods for sale may be displayed out-of-doors on the pump island end and the building island only and shall be stored in a suitable rack or container.
§ 207-138 Mixed conditional uses.
A.
More than two conditional uses on a lot. Whenever an application for a conditional use is made to the Board which, in the opinion of the Board, involves or could reasonably be anticipated to involve more than one of the conditional uses as herein permitted and regulated, the Board shall apply the conditions and standards for the use and location which will result in the largest lot size, the minimum lot coverage by the building and, in total, the largest front, side and rear yard setbacks and the largest lot frontage. In applying these conditions and standards to such mixed use, the Board shall not be limited to the conditions and standards of any one of the conditional uses involved, but may apply the more stringent standard or condition for either or any of the uses involved.
B.
Mixed use of conditional use and nonconditional use on the same lot. A combination of a conditional use and other permitted use may be permitted on the same lot in a particular zoning district only on the condition that each use considered separately meets the requirements for that use, as provided in this chapter for that zone.
C.
Part-time schools not a mixed use. It is not intended that part-time schools which are conducted as an adjunct or supplement to the activities of a place of worship or religious organization, such as but not limited to Sunday schools, nursery schools, catechism, Hebrew schools, adult education, and the like, or as an adjunct or supplement to the activities or programs of chartered membership organizations create a mixed use as defined herein for the premises on which they are conducted.
§ 207-138.1 Medical marijuana alternative treatment centers.
[Added 6-22-2021 by Ord. No. 2021-07; amended 7-26-2021 by Ord. No. 2021-09; 12-20-2022 by Ord. No. 2022-21; 9-10-2024 by Ord. No. 2024-14]
A. ALTERNATIVE TREATMENT CENTER ("ATC") ATC DISPENSARY CANNABIS CANNABIS ITEM CANNABIS PARAPHERNALIA CANNABIS TESTING FACILITY CLASS 1 CANNABIS CULTIVATOR LICENSE CLASS 2 CANNABIS MANUFACTURER LICENSE CLASS 3 CANNABIS WHOLESALER LICENSE CLASS 4 CANNABIS DISTRIBUTER LICENSE CLASS 5 CANNABIS RETAILER LICENSE CLASS 6 CANNABIS DELIVERY LICENSE CLINICAL REGISTRANT DELIVERY DEPARTMENT LICENSE MARIJUANA MEDICAL CANNABIS MEDICAL CANNABIS ALTERNATIVE TREATMENT CENTER or ALTERNATIVE TREATMENT CENTER MEDICAL CANNABIS BUSINESS MEDICAL CANNABIS CULTIVATOR MEDICAL CANNABIS DISPENSARY MEDICAL CANNABIS MANUFACTURER MEDICAL MARIJUANA PROGRAM or MMP MEDICAL USE OF CANNABIS PARAPHERNALIA PERMIT PERMITTING AUTHORITY PREMISES or LICENSED PREMISES THE ACT USABLE MARIJUANA VERTICAL INTEGRATION
Definitions. As used in this chapter and section, the following terms shall have the meanings indicated:
An organization issued a permit pursuant to the Jake Honig Act to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant, as well as any alternative treatment center deemed pursuant to Section 7 of that act (N.J.S.A. 24:6I-7) to concurrently hold a medical cannabis cultivator permit, a medical cannabis manufacturer permit, and a medical cannabis dispensary permit.
An ATC issued a permit pursuant to the Jake Honig Act to operate as a medical cannabis dispensary, and/or an expanded ATC as defined pursuant to N.J.A.C. 17:30-1.2 and authorized by the Act and the Jake Honig Act to conduct business as a Class 5 Cannabis Retailer licensee for retail sales of cannabis in addition to its ATC operation.
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, manufacturered in accordance with P.L. 2021, c. 16, for use in cannabis products as set forth in the New Jersey Cannabis Regulatory Enforcement Assistance and Market Place Modernization Act, N.J.S.A. 24:6I-31 et seq., 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 Act; marijuana as defined in N.J.S.A. 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 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 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 (N.J.S.A. 4:28-6 et al.).
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 Act and P.L. 2015, c. 158 (N.J.S.A. 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 (N.J.S.A. 4:28-6 et al.).
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 36 of Title 2C of the New Jersey Statutes.
An independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.
A license for facilities involved in growing and cultivating cannabis.
A license for facilities involved in the manufacturing, preparation, and packaging of cannabis items.
A license for facilities involved in obtaining and selling cannabis items for later resale by other licensees.
A license for businesses involved in transporting cannabis plants in bulk from one licensed cultivator to another licensed cultivator, or cannabis items in bulk from any type of licensed cannabis business to another.
A license for locations at which cannabis items and related supplies are sold to consumers.
A license for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchased items to a consumer, and which service would include the ability of a consumer to make a purchase directly through the cannabis delivery service which would be presented by the delivery service for fulfillment by a retailer and then delivered to a consume
An entity that has a written contractual relationship with an academic medical center in the region in which it has its principal place of business, which includes provisions whereby the parties will engage in clinical research related to the use of medical cannabis and the academic medical center or its affiliate will provide advice to the entity regarding patient health and safety, medical applications, and dispensing and managing controlled dangerous substances, among other areas.
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.
The Department of Health.
A license issued under P.L. 2021, c. 16 (The Act), including a license that is designated as either a Class 1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery license.
As defined in N.J.S.A. 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 (N.J.S.A. 2C:35B-1 et seq.), or marihuana as defined in section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et al.).
Cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Act. "Medical cannabis" does not include any cannabis or cannabis item which is cultivated, produced, processed, and consumed in accordance with the Act.
An organization issued a permit, including a conditional permit, by the Commission to operate as a medical cannabis cultivator, medical cannabis manufacturer, medical cannabis dispensary, or clinical registrant. This term shall include the organization's officers, directors, board members, and employees.
Encompasses all components of the industry as is consistent with the the Jake Honig Act. Accordingly, it shall mean any business involved in cultivating, manufacturing, distribution, sales, or testing of medical marijuana.
An organization holding a permit issued by the Commission 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, clinical registrants, and medical cannabis dispensaries, as well as to plant, cultivate, grow, and harvest medical cannabis for research purposes. A medical cannabis cultivator permit shall not authorize the permit holder to manufacture, produce, or otherwise create medical cannabis products, or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to qualifying patients, designated caregivers, or institutional caregivers.
An organization issued a permit by the Commission 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 and from clinical registrants; 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 Subsection i. of Section 27 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-20); 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. A medical cannabis dispensary permit shall not authorize the permit holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
An organization issued a permit by the Commission that authorizes the organization to: purchase or obtain medical cannabis and related supplies from a medical cannabis cultivator or a clinical registrant; purchase or obtain medical cannabis products from another medical cannabis manufacturer or a clinical registrant; 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 to medical cannabis dispensaries and clinical registrants. A medical cannabis manufacturer permit shall not authorize the permit holder to cultivate medical cannabis or to deliver, transfer, transport, distribute, supply, sell, or dispense medical cannabis, medical cannabis products, paraphernalia, or related supplies to registered qualifying patients, designated caregivers, or institutional caregivers.
The program within the Cannabis Regulatory Commission, which is responsible for the administration and implementation of activities related to the Jake Honig Act.
The acquisition, possession, transport, or use of cannabis or paraphernalia by a registered qualifying patient as authorized by P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et al.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et al.).
As defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 36 of Title 2C of the New Jersey Statutes.
The documents issued by the Cannabis Regulatory Commission pursuant to this chapter granting the legal right to operate as an alternative treatment center for a specified time.
The Cannabis Regulatory Commission.
Includes the following areas of a location licensed under the Act: all public and private enclosed areas at the location that are used in the business operated at the location, including offices, kitchens, restrooms, and storerooms; all areas outside a building that the Cannabis Regulatory Commission has specifically licensed for the production, manufacturing, wholesaling, distributing, retail sale, or delivery of cannabis items; and, for a location that the Commission has specifically licensed for the production of cannabis outside a building, the entire lot or parcel that the licensee owns, leases, or has a right to occupy.
The New Jersey Cannabis Regulatory Enforcement and Marketplace Modernization Act, codified as P.L. 2021, c. 16.
The dried leaves and flowers of the female marijuana plant, and any mixture or preparation thereof, but does not include the seedlings, stems, stalks, or roots of the plant.
The co-location or combination of the following activities related to the production of usable marijuana for qualifying patients within a single corporate entity: cultivation, manufacturing, and dispensing.
B.
The number of ATC dispensaries permitted within the Borough shall be based on population. A maximum of one ATC dispensary shall be permitted for every 12,000 people or fraction thereof. Population shall be determined by the most recent data available from the U.S. Census Bureau and the NJ State Department of Labor, Bureau of Statistics. This section and the use conditionally permitted herein apply to ATC dispensaries (as defined herein) only.
C.
An ATC dispensary selling medical cannabis and cannabis is permitted as a conditional use in those portions of the B-2 and B-3 Zones that have frontage on Route 206, Route 202, or Route 28, provided that said conditional use meets all of the following specific conditions as follows:
(1)
State licensure. The ATC dispensary has been authorized through licensure issued by the permitting authority to retail cannabis and related paraphernalia in accordance with the provisions of the Act and the Jake Honig Act.
(2)
Distance between ATC dispensaries. No ATC dispensary shall be located within 1,500 feet from any other ATC dispensary, which shall be measured from the subject property line to property line. In the event that more than one land use application for an ATC dispensary of the same classification is submitted to the Borough in close proximity to one another, and if the applications comply with all the requirements of this chapter and the permitting authority, the Borough is not permitted to approve all of the applications because of the limitations set forth in this subsection. The Borough shall first review for approval the application that was first submitted and determined to be a complete and compliant application by the Borough Land Use Administrator, Zoning Officer, or other person with authority to make such determination.
(3)
Distance between ATC dispensaries and certain uses. ATC dispensaries shall not be located within 500 feet (measured from the subject property line to property line) of a day care, child-care center or nursery school; drug or alcohol rehabilitation center; public park or public pool; or within 1,000 feet (measured from the subject property line to property line) of a public, private or special education elementary or secondary school property. ATC dispensaries shall comply with all state regulations concerning distances between such ATC dispensary and any school.
D.
Specific requirements for ATC dispensary functions and operations:
(1)
Samples of medical cannabis and cannabis products offered for sale may be displayed on shelves, counters and display cases. All bulk medical cannabis and cannabis products shall be locked within a separate vault or safe (no other items in this safe), securely fastened to a wall or floor, as approved by the Raritan Borough Police Department and the permitting authority.
(2)
All medical cannabis and cannabis products and accessories shall be stored completely indoors and on-site.
(3)
An ATC dispensary may sell "cannabis paraphernalia" as that term is defined in § 207-138.1A of the Borough of Raritan Land Development Ordinance.
(4)
A client/customer purchasing medical cannabis must have an MMP Identification Card from the permitting authority in order to enter an ATC dispensary.
(5)
Only persons permitted to possess medical cannabis under the Jake Honig Act (i.e., patients and caregivers) shall be permitted to pick up a usable medical cannabis.
(6)
ATC dispensaries may sell cannabis and medical cannabis as permitted by the Cannabis Regulatory Commission and state law.
(7)
ATC dispensaries shall 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 and/or leaf and outward glorification of marijuana consumption.
(8)
All Borough sign regulations must be complied with.
(9)
ATC dispensary signage shall not display on the exterior of the facility or windows advertisements for medicinal cannabis or a brand name except for purposes of identifying the building by the permitted name.
(10)
Parking shall be provided at the ratio of one per 125 interior square feet of the licensed area of the ATC.
(11)
A loading area or space shall be provided.
(12)
Hours of operation of the ATC dispensary shall be limited to 8:00 a.m. to 10:00 p.m., Monday to Sunday.
(13)
Security and reporting.
(a)
Security systems must be in place, along with a 24/7 recording system that records for a minimum thirty-day archive. If permitted by the permitting authority, this system shall be shared with local law enforcement via web browser.
(b)
Outside areas of the premises and the perimeter shall be well lit.
(c)
Borough law enforcement shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours.
(d)
Security staff shall be on the premises during all hours of operation.
(e)
The premises shall be accessed only by authorized personnel.
(f)
Customers/clients shall promptly leave the property on which the ATC dispensary is located upon exiting the ATC dispensary.
(14)
No products shall be visible from public places. Cannabis plants, products, accessories, and associated paraphernalia contained in any ATC dispensary shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. On-site storage of usable marijuana shall comply with the Act and the Jake Honig Act, as applicable.
(15)
No beer or alcohol on premises. No fermented malt beverages and no alcoholic beverages shall be kept, served or consumed on the premises of the ATC dispensary.
(16)
Consumption of cannabis prohibited. No consumption or smoking of any medical cannabis products shall be allowed or permitted on the premises of the ATC dispensary.
(17)
Storage of currency. All currency over $3,000 shall be stored within a separate vault or safe (no marijuana in safe), securely fastened to a wall or floor, as approved by the Raritan Borough Police Department.
(18)
Prevention of emissions and disposal of materials. Ventilation systems, emissions and disposal of materials and substances shall comply with applicable permitting authority regulations.
(19)
Compliance with other codes. The ATC dispensary shall comply with all zoning, health, building, fire, and other codes and ordinances of the Borough as shown by completed inspections and approvals by the Borough Police Department, Engineer, Planner, Construction Division, Fire Safety Division, and Health Department, if applicable.
(20)
Cannabis establishment sales tax.
(a)
A tax is hereby imposed upon all persons engaged in the business of selling cannabis (not medical cannabis) as an ATC dispensary at the rate of 2% of the gross receipts from such sales made in the course of that business.
(b)
The imposition of the tax imposed by this section is in accordance with the provisions of state law and is in addition to any and all other taxes and changes. The tax imposed by this section, and all civil penalties that may be assessed as an incident thereto, shall be remitted to, collected by and enforced by the Borough Chief Financial Officer, who shall have the full power to administer and enforce the provisions of this section. The failure to timely collect or remit all taxes due pursuant to this section is a violation of this Code and may be subject to the penalties hereunder.
(c)
Tax liability. Every ATC dispensary required to collect a sales tax imposed by ordinance pursuant to this chapter shall be personally liable for the tax imposed, collected, or required to be collected under this section.
(d)
Collection of taxes and lien. All revenues collected from a sales tax imposed by this chapter shall be remitted to the Chief Financial Officer in the manner prescribed herein. The Chief Financial Officer shall collect and administer any sales tax imposed by this section. The Borough may enforce the payment of delinquent taxes imposed by this chapter in the same manner as provide for municipal real property taxes. In the event that the sales tax imposed by this chapter is not paid as and when due by a cannabis establishment, the unpaid balance, and any interest accruing thereon, shall be a lien on the parcel of real property. The lien shall be enforced as a municipal lien in the same manner as all other municipal liens are enforced.
E.
Medical cannabis and cannabis cultivation centers, manufacturing facilities, whether stand-alone or as a joint ATCs combining dispensaries and cultivation and manufacturing facilities, are specifically prohibited in the Borough.
F.
Mobile facilities are specifically prohibited in the Borough unless expressly permitted by the permitting authority pursuant to the type of licensure the facility processes.
G.
Operation of multiple businesses at a single location. A person may operate an ATC dispensary as permitted by this section on property occupied by other businesses as long as the ATC dispensary is in full compliance with the requirements of the permittimg authority and Borough Land Development Ordinances. Multiple licenses are not permitted.
H.
Penalty for violation. Any violation of the provisions of this section or the conditions of the zoning permit granted by a medical marijuana 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.
I.
Any article, section, paragraph, subsection, clause, or other provision of the Borough of Raritan inconsistent with the provisions of this section is hereby repealed to the extent of such inconsistency.
J.
If any section, paragraph, subsection, clause, or other provision of this section shall be adjudged by a court of competent jurisdiction to be invalid, such adjudication shall apply only to the section, paragraph, subsection, clause or provision so adjudged, and the remainder of this section shall be deemed valid and effective.
K.
This section shall take effect upon its passage and publication and filing with the Borough Clerk, and as otherwise provided for by law.