Shamong Township City Zoning Code
§ 110-128.5
Cannabis overlay zoning.
[Added 6-1-2021 by Ord. No. 2021-6]
A.
Purpose. The purpose of this section is to regulate cannabis use classifications within specific areas within the Township and to otherwise prohibit or opt out of all other cannabis uses in all other areas within the Township. The Township anticipates that it may further expand the areas where cannabis uses are permitted in the future, as more becomes known regarding cannabis use and state regulations on same. The Township is interested and will review the potential for micro-grow operations and small farm uses with the potential to opt in as to those uses at a future date.
B.
As established by state statute, the recognized classes of cannabis uses are:
(1)
Class 1 cannabis cultivator license, for facilities involved in growing and cultivating cannabis;
(2)
Class 2 cannabis manufacturer license, for facilities involved in the manufacturing, preparation, and packaging of cannabis items;
(3)
Class 3 cannabis wholesaler license, for facilities involved in obtaining and selling cannabis items for later resale by other licensees;
(4)
Class 4 cannabis distributer 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;
(5)
Class 5 cannabis retailer license for locations at which cannabis items and related supplies are sold to consumers; and
(6)
Class 6 cannabis delivery license, for businesses providing courier services for consumer purchases that are fulfilled by a licensed cannabis retailer in order to make deliveries of the purchases 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 consumer.
C.
General prohibition and exceptions. Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all cannabis establishments, cannabis distributors or cannabis delivery services, except as otherwise specifically permitted below, are hereby prohibited from operating anywhere in the Township. This prohibition shall not extend to Class 6, the delivery of cannabis items and related supplies, as state law requires this class of use to be permitted in all zones of all municipalities.
D.
Route 206 Redevelopment Area. Classes 1 through 5 shall be conditionally permitted uses within the Route 206 Redevelopment Area as established by designation dated January 5, 2015, as reflected on the Route 206 Area Cannabis Ordinance Zone Mapping, dated April 12, 2023, prepared by Taylor Design Group and attached hereto, except that Class 3 and Class 4 establishments shall not be permitted on Block 22, Lot 10.01.[1]
[Amended 5-10-2022 by Ord. No. 2022-6; 6-13-2023 by Ord. No. 2023-6]
[1]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
E.
Industrial Park Redevelopment Area. Classes 1 through 4 shall be conditionally permitted uses within the Industrial Park Redevelopment Area as established by designation dated January 5, 2015, and as reflected on the Industrial Park Area Cannabis Ordinance Zone Mapping, dated February 26, 2022, prepared by Taylor Design Group and attached hereto.[2]
[Amended 5-10-2022 by Ord. No. 2022-6]
[2]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
F.
Murphy's Pit Rehabilitation Area. Classes 1 through 4 shall be conditionally permitted uses within the Murphy's Pit Rehabilitation Area as established by designation dated April 4, 2020, except that the rear portion of Block 10, Lot 24.01 located within the Forest Area Zoning District is excluded, as reflected on the Murphy's Pit Rehabilitation Area Cannabis Ordinance Zone Mapping, dated February 26, 2022, prepared by Taylor Design Group and attached hereto.[3]
[Amended 5-10-2022 by Ord. No. 2022-6]
[3]
Editor's Note: The Cannabis Ordinance Zone Maps is included as an attachment to this chapter.
G.
Agricultural zones (reserved). The Township is, at this time, not creating any class of specifically permitted cannabis use in the agricultural zones but intends to do so, particularly for microgrowers; however, because the state regulations have not been adopted, the Township is opting out with regard to these zones at this time, but reserving out this section to show its intent to take action on this zoning in the future. Due to the infancy of the cannabis legalization within the state, the Township cannot responsibly act on this issue at this time. It is the Township's intent to revisit this and create conditionally permitted uses in agricultural zones when the state regulations are promulgated and the planning implications can be further studied.
H.
Conditional use - conditions established. The conditional uses for any conditional use permitted in this § 128.5 shall be as follows:
(1)
Security.
(a)
To the extent not already required by the entity's state license, all sites must be equipped with security cameras covering all exterior parking and loading areas, points of entry, and interior spaces which are either open to the public or used for the storage or processing of marijuana products. Footage must be maintained for the duration required under state law or 30 days, whichever is greater. All licensed facilities must provide the Township and/or State Police with access to security footage immediately upon request by the Department.
(b)
To the extent not already required by the entity's state license, all sites must provide at least one security guard (or more if required by the state) during all times the facility is open to the public. At a minimum, the security guard shall be a state-certified security officer whose certification is in good standing.
(2)
Hours of operation. Hours of operation for Classes 1 through 4 shall be 24 hours per day, except that truck traffic to and from the site shall be restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday. Class 5, retail sales, shall be restricted to the hours of 7:00 a.m. to 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m., Saturday and Sunday.
(3)
Setbacks. If fronting on the state highway, ingress and egress to and from the site shall be solely from the state highway. The front yard setback to the state highway shall be a minimum of 100 feet. All other setbacks shall be governed by the commercial setback standards set forth in the current zoning provisions.
(4)
Odor control. For any and all classes of operation, the facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odors generated inside the facility are not detectable by a person of reasonable sensitivity anywhere on adjacent property, within public rights-of-way, or within any other unit located within the same building as the licensed facility if the use only occupies a portion of a building.
(5)
Noise control. For any Class 1 through 4 facility, the facility shall provide for noise mitigation features designed to minimize disturbance from machinery, processing and/or packaging operations, loading, and other noise-generating equipment or machinery. All licensed facilities must operate within applicable state decibel limitations.
(6)
Lighting. For any licensed cultivation operation, the facility must mitigate lighting spillover into any residential neighborhoods and must comply with all applicable state lighting limitations. Lighting shall have a zero footcandle at all property lines.
(7)
Signage. Signage may contain the name of the entity only, and no signage reflecting cannabis leafs or other symbols will be permitted. The word "cannabis" may be used, but not "marijuana," "pot" or any other common terms for cannabis. No advertising signs shall be permitted. No display of pricing shall be permitted.
(8)
Class 5 - accessory use only. A Class 5 retail operation may only be established as an accessory use to a principal use established under Classes 1 through 4, and such retail operation shall occupy no more than 20% of the footprint of the building and shall be no greater than 2,500 square feet.
(9)
Unless otherwise modified by the provisions of this section, the minimum standards of the underlying zoning district shall continue to apply to the uses permitted in the Cannabis Overlay Zone.
[Added 5-10-2022 by Ord. No. 2022-6]
(10)
Any Class 1 or Class 2 cannabis facility located on Block 22, Lot 10.01, shall be permitted only to the extent that cultivation and/or manufacturing activities are consistent with the definitions of "agricultural or horticultural purpose or use" and/or "agricultural products processing facility" contained in § 110-4 of this chapter.
[Added 6-13-2023 by Ord. No. 2023-6]