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South Bound Brook City Zoning Code

§ 34-9.2

Permitted Use.

[Added 7-13-2021 by Ord. No. 2021-006]
Class 5 Cannabis Retailer, and Class 6 Cannabis Delivery Service, shall be permitted in all B Business District Zones, pursuant to this chapter, only if the following requirements are complied with:
a. 
The number of Class 5 Cannabis Retailer, and/or Class 6 Cannabis Delivery Service licenses that shall be permitted in the Borough of South Bound Brook is limited to two. At no time shall the total number of cannabis licenses (either Class 5, Class 6 or a combination of both classes) in the Borough be greater than two.
b. 
Permitted uses shall, at all times, comply with the terms and conditions of the licensee's cannabis establishment license for permits or licenses issued by the State of New Jersey and the Borough of South Bound Brook.
c. 
Buildings/Structures.
1. 
All facilities shall be enclosed in heated/air-conditioned buildings.
2. 
No cannabis establishment shall be housed in a vehicle, any movable or mobile structure, any tent or outdoor selling facility.
d. 
Sales to Certain Persons. Class 5 Cannabis Retailer and/or Class 6 Cannabis Delivery Service establishments shall submit an identification plan for review to Borough of South Bound Brook detailing all measures taken to ensure compliance that patrons are at least 21 years of age.
e. 
Identification Plan. Class 5 Cannabis Retailer and/or Class 6 Cannabis Delivery Service establishments shall submit an identification plan for review to Borough of South Bound Brook detailing all measures taken to ensure compliance that patrons are at least 21 years of age.
f. 
Odor Control. The Class 5 Cannabis Retailer and/or Class 6 Cannabis Delivery Service facility shall provide an air treatment system with sufficient odor absorbing ventilation and exhaust systems such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line of the subject property. Odor from the facility shall be monitored on an annual basis at the discretion of Borough of South Bound Brook by a licensed, qualified contractor chosen by Borough of South Bound Brook at a cost that should be paid for by the property owner.
g. 
Noise. Outside generators and other mechanical equipment used for any kind of power supply, cooling, or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise reduction systems to mitigate noise pollution.
h. 
Security. Class 5 Cannabis Retailer and/or Class 6 Cannabis Delivery Service establishments shall submit a security plan for review to the Borough of South Bound Brook detailing all security measures taken to ensure community safety and to eliminate unauthorized access to the premises.
i. 
Signage. All signs shall comply with Chapter 34, Section 34-14.2 and State law.
j. 
State and Local Licenses. The facility must have a valid license to operate from the State of New Jersey. Prior to the operation of any cannabis establishment, a permit or license must be obtained from the State of New Jersey and from the Borough of South Bound Brook for the applicable type(s) of cannabis establishment. No cannabis establishment shall be permitted to operate without State and municipal permits or licenses.
k. 
The Borough of South Bound Brook may establish policies and procedures for the application process for a local license, including fees and evaluation criteria.