South Hackensack City Zoning Code
ARTICLE XIII
Cannabis Overlay Zone CZO
§ 208-71 Purpose.
A.
To permit a total of five cannabis establishments, as defined in § 208.1A, to operate within the Township of South Hackensack, through the mechanism known as overlay zoning.
B.
To establish appropriate controls for Cannabis Establishments so as to protect and promote the health, safety, and welfare of the residents of the Township of South Hackensack while promoting the expansion of the commercial tax base by expanding into new and emerging markets.
§ 208-72 Effect on underlying zoning.
A.
As an overlay Zone, the COZ does not replace the existing or "underlying" zone designation.
B.
Any person or entity that wishes to use or develop upon a property within the COZ shall have the option to use or develop the property in accordance with the regulations of either the COZ or the underlying zone.
§ 208-73 Definitions.
As used in this article, the following terms shall have the meanings indicated:
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, manufactured in accordance with P.L. 2016, c. 16 for use in cannabis products as set forth in this act, 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 Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (C. 24:6I-1 et al.) and P.L. 2015, c. 158 (C. 18A:40-12.22 et al.); marijuana as defined in N.J.S. 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 (C. 2C:35B-1 et seq.), or marijuana as defined in section 2 of P.L. 1970, c. 226 (C. 24:21-2) and applied to any offense set forth in the "New Jersey Controlled Dangerous Substances Act," P.L. 1970, c. 226 (C. 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 (C. 4:28-6 et al.).
Any licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
Any licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
Any licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
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 Compassionate Use Medical Cannabis Act," P.L. 2009, c. 307 (c. 24:6i-1 et seq.) and P.L. 2015, c. 158 (c. 18a:40-12.22 et seq.); or hemp or hemp product cultivated, handled processed, transported, or sold pursuant to the "New Jersey Hemp Farming Act," P.L. 2019, c. 238 (c. 4:28-6 et seq.).
The leaf of the plant Cannabis sativa L. within the plant family cannabaceae.
Any licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
The drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" with respect to cannabis does not include packaging or labeling.
The overlay zone whereby the approved classes of cannabis establishments are permitted to operate.
The official Township map establishing the Cannabis Overlay Zone.
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. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 362 of Title 2C of the New Jersey Statutes.
A product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis Product" does not include (1) usable cannabis by itself; (2) cannabis extract by itself; or (3) any other cannabis resin by itself.
Any licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
The dried leaves and flowers of the female plant Cannabis sativa L., and does not include seedlings, seeds, stems, stalks, or roots of the plan.
§ 208-74 Green Street Cannabis Overlay Zone, conditional use.
A.
The conditions set forth in Subsection B below apply to all cannabis establishments located in the Green Street Cannabis Overlay Zone (GCOZ). All other permitted uses located within the GCOZ shall follow the underlying zoning regulations.
B.
Conditions.
(1)
Those cannabis establishments possessing either a Class 1, Class 2, Class 4 or Class 6 State License issued pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (P.L. 2021, c. 16), may operate with the GCOZ. All other classes of cannabis licenses not specifically permitted above are strictly prohibited from operating in the GCOZ;
(2)
No more than one license shall be issued for each class of license permitted in the GCOZ;
(3)
A cannabis establishment shall be subject to licensing requirements outlined in Township Code, Section 131;
(4)
All cannabis establishments shall undergo site plan review by the Township's Planning Board;
(5)
Unless specifically stated to the contrary herein, cannabis establishments shall be subject to the "bulk" requirements established for commercial uses in the underlying zoning;
(6)
In addition to the signage requirements established for commercial uses in the underlying zone, cannabis establishments shall be also be subject to the following signage requirements:
(a)
No sign shall be placed on the roof of a building nor placed on its wall so as to exceed the height of the roof of the building;
(b)
No internally illuminated signs shall be permitted;
(c)
No freestanding signs shall be permitted;
(d)
Only one sign per cannabis establishment is permitted on the site;
(e)
The sign text shall be on a solid background; and
(f)
The cannabis establishment logo may not include a cannabis plan leaf or image of other cannabis paraphernalia or cannabis product.
(7)
For purposes of determining required parking, cannabis establishments shall have a parking requirement of four parking spaces per 1,000 square feet of gross leasable area;
(8)
Cannabis establishments operating in the GCOZ shall be permitted to conduct its business during the hours of 9:00 a.m. to 7:00 p.m., Monday through Saturday;
(9)
A cannabis establishment shall not be located within 1,000 feet of a pre-existing primary or secondary school. The distance shall be measured from main entrance to main entrance. Early learning centers, preschools, day care centers, residential care homes, colleges, and vocational/trade centers shall not be classified as a school for purposes of this section;
(10)
All activities and storage associated with the cannabis establishment shall occur within a secured building;
(11)
The cannabis establishment shall provide odor mitigation infrastructure that will eliminate odor, smoke, gas, or toxic materials which would impair the quiet use and enjoyment of adjoining lands;
(12)
Drive-through access shall be prohibited;
(13)
No cannabis paraphernalia shall be displayed or kept at the cannabis establishment so as to be visible from outside the premises;
(14)
No cannabis product shall be smoked, eaten, or otherwise consumed or ingested on the premises of any cannabis establishment;
(15)
A cannabis establishment shall not be located in a home, apartment, or condominium;
(16)
If located in a multi-tenant or mixed-use building, the cannabis establishment shall have a separate entrance where no part of the cannabis establishment shall be directly accessible from any common area within the building;
(17)
Applicants for a cannabis establishment shall coordinate with the Township Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, access to surveillance systems, improved site lighting, and on-site law enforcement or security personnel. Said coordination shall occur in conjunction with any application for site plan, zoning permit or variance relief for a cannabis establishment and shall be ongoing, as needed, to address any security or safety issues;
(18)
Subject to the requirements and limitations of State Law, the Township of South Hackensack shall have the reasonable right to inspect the premises of any approved cannabis establishment during its regular hours of operation to ensure compliance with local ordinances and regulations;
(19)
Operation of any prohibited or unpermitted cannabis business establishment within the municipality in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies; and
(20)
Whenever the Cannabis Regulatory Commission established by the Act (the "Commission") forwards to the municipality any application for initial licensing or renewal of an existing license for any cannabis establishment pursuant to section 19 of the Act or for a cannabis consumption area pursuant to section 28 of P.L. 2019, c. 153 (C. 24:6I-21), or otherwise solicits the position of the municipality on any matter related to cannabis-related activities within the municipality, or upon the request of an applicant for or holder of such license, the governing body shall determine whether the application complies with the municipality's restrictions on the number of cannabis establishments and on their location, manner, or times of operation, and promptly inform the Commission, and the applicant for or holder of a license whether the application complies with same and whether it either approves or denies each application or other request for municipal authorization forwarded to it. Notwithstanding the forgoing, nothing herein shall prohibit any elected or appointed official or employee from expressing their opinions or views on cannabis-related matters in their personal or individual official capacity, or endorsing an applicant for or holder of a license issued by the Commission, provided that such official shall not represent that their opinions or views are those of the municipality unless based on a duly adopted ordinance or resolution of the municipality, or other action of a majority of the governing body.
§ 208-75 Empire Boulevard Cannabis Overlay Zone, condition use.
A.
The conditions set forth in Subsection B below shall apply to all cannabis establishments located in the Empire Boulevard Cannabis Overlay Zone (ECOZ). All other permitted uses located within the ECOZ shall follow the underlying zoning regulations.
B.
Conditions.
(1)
Those cannabis establishments possessing any class of cannabis license (Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6) issued pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (P.L. 2021, c. 16), may operate with the ECOZ;
(2)
No more than one license shall be issued for each class of license permitted in the RCOZ;
(3)
A cannabis establishment shall be subject to licensing requirements outlined in Section 131;
(4)
All cannabis establishments shall undergo site plan review by the Township's Planning Board or, if required, by the New Jersey Meadowlands Sports and Exposition Authority;
(5)
Unless specifically stated to the contrary herein, cannabis establishments shall be subject to the "bulk" requirements established for commercial uses in the underlying zoning;
(6)
In addition to the signage requirements established for commercial uses in the underlying zone, cannabis establishments shall be also be subject to the following signage requirements:
(a)
No sign shall be placed on the roof of a building nor placed on its wall so as to exceed the height of the roof of the building;
(b)
No internally illuminated signs shall be permitted;
(c)
No freestanding signs shall be permitted;
(d)
Only one sign per cannabis establishment is permitted on the site;
(e)
The sign text shall be on a solid background; and
(f)
The cannabis establishment logo may not include a cannabis plant leaf or image of other cannabis paraphernalia or cannabis product.
(7)
For purposes of determining required parking, cannabis establishments shall have a parking requirement of four parking spaces per 1,000 square feet of gross leasable area;
(8)
Cannabis establishments operating in the ECOZ shall be permitted to conduct its business during the hours of 9:00 a.m. to 7:00 p.m., Monday through Saturday. Class 5 Retail Licenses only shall be permitted to operate on Sunday during the hours of 10:00 a.m. to 6:00 p.m.;
(9)
A cannabis establishment shall not be located within 1,000 feet of a pre-existing primary or secondary school. The distance shall be measured from main entrance to main entrance. Early learning centers, preschools, day care centers, residential care homes, colleges, and vocational/trade centers shall not be classified as a school for purposes of this section;
(10)
All activities and storage associated with the cannabis establishment shall occur within a secured building;
(11)
The cannabis establishment shall provide odor mitigation infrastructure that will eliminate odor, smoke, gas, or toxic materials which would impair the quiet use and enjoyment of adjoining lands;
(12)
Drive-through access shall be prohibited;
(13)
No cannabis paraphernalia shall be displayed or kept at the cannabis establishment so as to be visible from outside the premises;
(14)
No cannabis product shall be smoked, eaten, or otherwise consumed or ingested on the premises of any cannabis establishment;
(15)
A cannabis establishment shall not be located in a home, apartment, or condominium;
(16)
If located in a multi-tenant or mixed-use building, the cannabis establishment shall have a separate entrance where no part of the cannabis establishment shall be directly accessible from any common area within the building;
(17)
Applicants for a cannabis establishment shall coordinate with the Township Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, access to surveillance systems, improved site lighting, and on-site law enforcement or security personnel. Said coordination shall occur in conjunction with any application for site plan, zoning permit or variance relief for a cannabis establishment and shall be ongoing, as needed, to address any security or safety issues;
(18)
Subject to the requirements and limitations of State Law, the Township of South Hackensack shall have the reasonable right to inspect the premises of any approved cannabis establishment during its regular hours of operation to ensure compliance with local ordinances and regulations;
(19)
Operation of any prohibited or unpermitted cannabis business establishment within the municipality in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies; and
(20)
Whenever the Cannabis Regulatory Commission established by the Act (the "Commission") forwards to the municipality any application for initial licensing or renewal of an existing license for any cannabis establishment pursuant to section 19 of the Act or for a cannabis consumption area pursuant to section 28 of P.L. 2019, c. 153 (C. 24:6I-21), or otherwise solicits the position of the municipality on any matter related to cannabis-related activities within the municipality, or upon the request of an applicant for or holder of such license, the governing body shall determine whether the application complies with the municipality's restrictions on the number of cannabis establishments and on their location, manner, or times of operation, and promptly inform the Commission, and the applicant for or holder of a license whether the application complies with same and whether it either approves or denies each application or other request for municipal authorization forwarded to it. Notwithstanding the forgoing, nothing herein shall prohibit any elected or appointed official or employee from expressing their opinions or views on cannabis-related matters in their personal or individual official capacity, or endorsing an applicant for or holder of a license issued by the Commission, provided that such official shall not represent that their opinions or views are those of the municipality unless based on a duly adopted ordinance or resolution of the municipality, or other action of a majority of the governing body.
§ 208-76 Ruta Court Cannabis Overlay Zone, condition use.
A.
The conditions set forth in Subsection B below shall apply to all cannabis establishments located in the Ruta Court Cannabis Overlay Zone (RCOZ). All other permitted uses located within the RCOZ shall follow the underlying zoning regulations.
B.
Conditions.
(1)
Those cannabis establishments possessing any class of cannabis license (Class 1, Class 2, Class 3, Class 4, Class 5 or Class 6) issued pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act (P.L. 2021, c. 16), may operate within the RCOZ;
(2)
No more than one license shall be issued for each class of license permitted in the ECOZ;
(3)
A cannabis establishment shall be subject to licensing requirements outlined in Section 131;
(4)
All cannabis establishments shall undergo site plan review by the Township's Planning Board;
(5)
Unless specifically stated to the contrary herein, cannabis establishments shall be subject to the "bulk" requirements established for commercial uses in the underlying zoning;
(6)
In addition to the signage requirements established for commercial uses in the underlying zone, cannabis establishments shall be also be subject to the following signage requirements:
(a)
No sign shall be placed on the roof of a building nor placed on its wall so as to exceed the height of the roof of the building;
(b)
No internally illuminated signs shall be permitted;
(c)
No freestanding signs shall be permitted;
(d)
Only one sign per cannabis establishment is permitted on the site;
(e)
The sign text shall be on a solid background; and
(f)
The cannabis establishment logo may not include an image of a cannabis leaf, cannabis paraphernalia, or cannabis product.
(7)
For purposes of determining required parking, cannabis establishments shall have a parking requirement of four parking spaces per 1,000 square feet of gross leasable area;
(8)
Cannabis establishments operating in the ECOZ shall be permitted to conduct its business during the hours of 9:00 a.m. to 7:00 p.m., Monday through Saturday. Class 5 Retail Licenses only shall be permitted to operate on Sunday during the hours of 10:00 a.m. to 6:00 p.m.;
(9)
A cannabis establishment shall not be located within 1,000 feet of a pre-existing primary or secondary school. The distance shall be measured from main entrance to main entrance. Early learning centers, preschools, day care centers, residential care homes, colleges, and vocational/trade centers shall not be classified as a school for purposes of this section;
(10)
All activities and storage associated with the cannabis establishment shall occur within a secured building;
(11)
The cannabis establishment shall provide odor mitigation infrastructure that will eliminate odor, smoke, gas, or toxic materials which would impair the quiet use and enjoyment of adjoining lands;
(12)
Drive-through access shall be prohibited;
(13)
No cannabis paraphernalia shall be displayed or kept at the cannabis establishment so as to be visible from outside the premises;
(14)
No cannabis product shall be smoked, eaten, or otherwise consumed or ingested on the premises of any cannabis establishment;
(15)
A cannabis establishment shall not be located in a home, apartment, or condominium;
(16)
If located in a multi-tenant or mixed-use building, the cannabis establishment shall have a separate entrance where no part of the cannabis establishment shall be directly accessible from any common area within the building;
(17)
Applicants for a cannabis establishment shall coordinate with the Township Chief of Police, or his or her designee, regarding the measures to be taken to ensure the security of the facility and the safety of the public and facility employees. Such measures may include, but are not limited to, facility access controls, access to surveillance systems, improved site lighting, and on-site law enforcement or security personnel. Said coordination shall occur in conjunction with any application for site plan, zoning permit or variance relief for a cannabis establishment and shall be ongoing, as needed, to address any security or safety issues.
(18)
Subject to the requirements and limitations of State Law, the Township of South Hackensack shall have the reasonable right to inspect the premises of any approved cannabis establishment during its regular hours of operation to ensure compliance with local ordinances and regulations.
(19)
Operation of any prohibited or unpermitted cannabis business establishment within the municipality in violation of the provisions of this chapter is hereby declared a public nuisance and shall be abated pursuant to all available remedies.
(20)
Whenever the Cannabis Regulatory Commission established by the Act (the "Commission") forwards to the municipality any application for initial licensing or renewal of an existing license for any Cannabis Establishment pursuant to section 19 of the Act or for a cannabis consumption area pursuant to section 28 of P.L. 2019, c. 153 (C. 24:6I-21), or otherwise solicits the position of the municipality on any matter related to cannabis-related activities within the municipality, or upon the request of an applicant for or holder of such license, the governing body shall determine whether the application complies with the municipality's restrictions on the number of cannabis establishments and on their location, manner, or times of operation, and promptly inform the Commission, and the applicant for or holder of a license whether the application complies with same and whether it either approves or denies each application or other request for municipal authorization forwarded to it. Notwithstanding the forgoing, nothing herein shall prohibit any elected or appointed official or employee from expressing their opinions or views on cannabis-related matters in their personal or individual official capacity, or endorsing an applicant for or holder of a license issued by the Commission, provided that such official shall not represent that their opinions or views are those of the municipality unless based on a duly adopted ordinance or resolution of the municipality, or other action of a majority of the governing body.