West Amwell Township
City Zoning Code
City Zoning Code
PART 10
Cannabis
§ 109-264 Definitions.
As used in all Code sections pertaining to cannabis, the following terms shall have the meanings indicated:
Collectively refers to NJ CUMA and NJ CREAMMA.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), "alternative treatment center" means an organization issued a permit pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), 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. Cultivation and manufacturing, unless within the same structure or property as a dispensary, shall be treated as a separate zoning use category though it may be part of the license issued by the state for a single entity.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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 for use in cannabis products as set forth in the NJ CREAMMA, 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 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); 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 seq.); 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 seq.) as long as said hemp does not contain more than the state and/or federal allowable limits of Delta-8-tetrahydrocannabinol or Delta-9-tetrahydrocannabinol, the compound commonly known as "THC."
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), a cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), a designated location operated by a licensed cannabis retailer or permit holder for dispensing medical cannabis, for which both a state and local endorsement has been obtained, that is either: 1) an indoor, structurally enclosed area of the cannabis retailer or license holder that is separate from the area in which retail sales of cannabis items or the dispensing of medical cannabis occurs; or 2) an exterior structure on the same premises as the cannabis retailer or license holder, either separate from or connected to the cannabis retailer or license holder, at which cannabis items or medical cannabis either obtained from the retailer or license holder, or brought by a person to the consumption area, may be consumed.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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. The person or entity shall hold a Class 1 Cannabis Cultivator license. "Medical cannabis cultivator" is defined below.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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. This person or entity shall hold a Class 6 Cannabis Delivery license.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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 customer. This person or entity shall hold a Class 5 Cannabis Retailer license. "Medical cannabis dispensary" is defined below.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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. This person or entity shall hold a Class 4 Cannabis Distributor license.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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. This person or entity shall hold a Class 2 Cannabis Manufacturer license. "Medical cannabis manufacturer" is defined below.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), a person or entity licensed as a cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis delivery service that may only, with respect to its business operations, and capacity and quantity of product: 1) employ no more than 10 employees; 2) operate a cannabis establishment occupying an area of no more than 2,500 square feet, and in the case of a cannabis cultivator, grow cannabis on an area no more than 2,500 square feet measured on a horizontal plane and grow above that plane not higher than 24 feet; 3) possess no more than 1,000 cannabis plants each month, except that a cannabis distributor's possession of cannabis plants for transportation shall not be subject to this limit; 4) acquire each month, in the case of a cannabis manufacturer, no more than 1,000 pounds of usable cannabis; 5) acquire for resale each month, in the case of a cannabis wholesaler, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof; and 6) acquire for retail sale each month, in the case of a cannabis retailer, no more than 1,000 pounds of usable cannabis, or the equivalent amount in any form of manufactured cannabis product or cannabis resin, or any combination thereof. In accordance with P.L. 2021, c. 16,[1] microbusinesses must be owned in their entirety by current New Jersey residents who have resided in the state for at least the past two years and at least 51% of the owners, directors, officers, or employees of the microbusiness shall be residents of the municipality in which the business is located, or a bordering municipality.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), 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. This person or entity shall hold a Class 3 Cannabis Wholesaler license.
The New Jersey Medical Marijuana Program Identification Card, which identifies registered caregivers under the Act.
The entity responsible for the regulation and enforcement of activities associated with the production and/or sale of cannabis. This shall include the New Jersey Department of Health and the Cannabis Regulatory Commission, established pursuant to Section 31 of P.L. 2019, c. 153 (N.J.S.A. 24:6I-24), which shall assume all powers, duties, and responsibilities with regard to the regulation and oversight of activities authorized pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), from the Department of Health for the further development, expansion, regulation, and enforcement of activities associated with the medical use of cannabis pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.). This shall also include any Township cannabis committee or entity set up for the review and local licensing of cannabis businesses.
Institutional or designated caregiver, as defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-3), who is authorized to assist with a registered qualifying patient's medical use of cannabis.
A contract negotiated between West Amwell Township and a cannabis business that includes terms and conditions governing the relationship and permitting the cannabis business to operate in the municipality.
The documents issued by the Commission pursuant to the Act and local ordinance granting the legal right to operate as a cannabis business.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.). "Medical cannabis" does not include any cannabis or cannabis items which are cultivated, produced, processed, and consumed in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-3), an organization holding a license 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 license shall not authorize the license 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.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-3), an organization issued a license 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 license shall not authorize the license holder to cultivate medical cannabis, to produce, manufacture, or otherwise create medical cannabis products.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-3), an organization issued a license 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 license shall not authorize the license 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.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-3), 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 seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.). The acquisition, possession, transport or use of cannabis or paraphernalia by a registered qualifying patient as authorized by the CUMA.
The New Jersey Medical Marijuana Program Identification Card, which identifies registered qualifying patients under the Act.
The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16);[2] legalizes personal use cannabis for certain adults, subject to state regulation; decriminalizes small-amount marijuana and hashish possession; removes marijuana as a Schedule I drug.
The New Jersey Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (approved January 18, 2010), amended by P.L. 2019, c. 153 (approved July 2, 2019), codified at N.J.S.A. 24:6I-1 et seq.
The definition as provided in N.J.S.A. 2C:36-1.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-3), a resident of the State of New Jersey who has been authorized for medical use of cannabis by a health care practitioner, and who has been registered by the Commission as a registered qualifying patient.
As defined in P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), the dried leaves, flowers, stems, stalks of a Cannabis sativa plant, including any mixture manufactured as a tincture, ointment, salve, or products prepared for oral digestion., but does not include the seed or roots of the plant.
The co-location or combination of the following activities related to the production of usable cannabis for qualifying patients within a single corporate entity: cultivation, manufacturing, and dispensing. NJ CREAMMA does not permit vertically integrated cannabis facilities with regard to adult use cannabis.
§ 109-265 Permitted locations.
Cannabis establishments and businesses, both standard and microbusinesses, shall be prohibited in all zoning districts within the Township unless specifically permitted herein. Cannabis establishments as set forth below shall be permitted as conditional uses in certain zones. The purpose of this section is to set forth the requirements and procedures applicable to permitting certain cannabis establishments as conditional uses, in accordance with N.J.S.A. 40:55D-67. Such uses may be permitted when authorized as a conditional use by the Planning Board, including site plan approval and (if necessary) a conditional use variance approval by the Zoning Board pursuant to N.J.S.A. 40:55D-70(d)(3).[1] Cannabis establishments shall comply with additional requirements set forth in §§ 109-267 through 109-273.2. Nothing herein shall prohibit the Township from adopting a redevelopment plan permitting any type of cannabis establishment in a designated redevelopment area.
D.
Cannabis distributors (Class 4) shall not be permitted in any zoning district.
F.
Cannabis delivery services (Class 6) shall not be permitted in any zoning district. Nothing herein shall be interpreted to restrict the transportation or deliveries of cannabis items to consumers within the Township in compliance with the NJ CREAMMA.
G.
Vertically integrated cannabis facilities, medical cannabis dispensaries and alternative treatment centers are permitted as conditional uses in zones where their component operations are permitted as set forth in Subsections A through G above and in the Village Center Redevelopment Area as set forth in the applicable redevelopment plan.
[1]
Editor's Note: Ordinance No. 13-2023, adopted 12-27-2023, provided for vesting in the Planning Board all of the powers of the Zoning Board of Adjustment.
§ 109-266 Requirements applicable to all cannabis businesses.
A.
Adherence to the site design standards of the Township land development ordinances through a review by the Zoning Official and the Township Planning Board, when applicable. The look and design of such facility shall be in keeping with the agricultural nature of the region.
B.
In compliance with Section 37b of the NJ CREAMMA,[1] cannabis businesses are not permitted on land that is valued, assessed or taxed as an agricultural or horticultural use pursuant to the Farmland Assessment Act of 1964, P.L. 1964, c. 48 (N.J.S.A. 54:4-23.1 et seq.).
[1]
Editor’s Note: See N.J.S.A. 24:6I-49b.
C.
Issuance of zoning permit and site plan approval is required.
D.
Cannabis businesses shall not be located within a drug-free school zone (i.e., within 1,000 feet of school property used for school purposes which is owned by or leased to any elementary or secondary school, day-care or school board).
E.
The applicant shall provide a traffic projection and management plan as may be required by the Township Planning Board.
F.
The applicant shall provide a stormwater management plan that satisfies all New Jersey Department of Environmental Protection and Township stormwater control standards as may be required by the Township Planning Board.
G.
The business shall be secured in accordance with all applicable provisions as defined in the Act and outlined in Subsection N below.
H.
Unusual odors, smells, fragrances or other olfactory stimulants shall be prohibited. Odor control is required and shall prevent all odors from escaping from the buildings on the site, such that the odor cannot be detected by a reasonable person of normal sensitivity within 25 feet of the buildings. The air treatment system shall have sufficient odor-absorbing filtration systems utilizing carbon filters, or similar filtration media, and ventilation and exhaust systems to eliminate cannabis odors emanating from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity within 25 feet of the buildings. Odor mitigation filtration systems must be installed and maintained in perfect working order.
I.
Noise, from any source emanating from cannabis business operations, beyond the decibel level permitted by state noise regulations (N.J.A.C. 7:29) shall be prohibited. 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. Generators shall be housed in a noise-minimizing enclosure set back at least 75 feet from the property line and shall conform with all applicable state noise regulations.
J.
All interior and outdoor lighting shall be shielded through the use of best available technology to prevent light trespass into the night sky and glare onto adjoining parcels or rights-of-way. Light pollution, glare or brightness resulting from glow lamps must be 0.5 candle or less at the property line.
K.
The possession of cannabis within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use.
M.
In the event of a conflict between the Township Zoning Ordinance and the Act or the Commission's regulations, the Township Planning Board shall consider the pertinent statute or regulation as justification for any variance and/or design waiver.
[Amended 12-27-2023 by Ord. No. 13-2023]
N.
Security and reporting.
(1)
Surveillance system.
(a)
Cannabis establishments shall be monitored at all times by a closed-circuit television surveillance system. Security cameras shall be in use 24 hours per day, seven days per week, and shall cover all cannabis dispensing areas, storage areas, all doors and windows with access into the cannabis establishment, parking areas if applicable, and any other areas not mentioned if deemed necessary by the Chief of Police or his/her designee. The surveillance system must be capable of providing surveillance of both interior and exterior areas of the cannabis establishment and must be of adequate quality, color rendition and resolution to allow the ready identification of an individual on or adjacent to the site.
(b)
The security cameras must be internet protocol (IP) cameras capable of providing real time footage over the internet. Operators must provide the West Amwell Township Police Department with access to this real-time camera footage in case of an emergency.
(c)
The recordings shall be maintained at the cannabis operation for a period of not less than 30 days and shall be provided to the Township Police Department within 24 hours of a written request from the Police Department for any recordings.
(2)
Outside areas of the premises and the perimeter shall be well lit and all doors equipped with motion-censored lights.
(3)
The West Amwell Township Police Department shall be provided the name and phone number of a staff person to notify during suspicious activity during or after operating hours.
(4)
Security staff is required on the premises during all hours of operation.
(5)
The premises must only be accessed by authorized personnel and free of loitering. Note: retail customers may access a dispensary during normal business hours.
(6)
All cultivation of cannabis shall take place in an enclosed, locked facility.
(7)
Storage of currency. All currency over $1,000 shall be stored within a separate vault or safe, not used for the storage of cannabis, securely fastened to a wall or floor, as approved by the West Amwell Township Police Department.
(8)
Cannabis establishments shall comply with all security requirements as established by state law and regulations, as they may be updated from time to time.
O.
No products to be visible from public places. Cannabis plants, products, accessories, and associated paraphernalia contained in any cannabis business shall not be visible from a public sidewalk, public street or right-of-way, or any other public place. On-site storage of usable cannabis shall comply with 21 CFR 1301.72.
P.
No beer or alcohol on premises. No fermented malt beverages and no alcoholic beverages shall be kept, served or consumed on the premises of a cannabis business.
Q.
Storage of products. All products and accessories shall be stored completely indoors and on-site in accordance with the Act and the Commission regulations.
R.
No mobile facilities shall be permitted.
S.
Conversion of microbusiness. The Commission permits microbusinesses to convert to standard businesses after one year. Such conversion will require amended site plan approval by the Township Planning Board. The proposed standard cannabis business activity must be a permitted use in the zone where the existing microbusiness is located.
[Amended 12-27-2023 by Ord. No. 13-2023]
T.
Vertically integrated cannabis facilities and the operation of multiple cannabis businesses at a single location. A licensed person or entity holding multiple license classes or holding a vertically integrated license may operate two cannabis businesses on the same property without the need for a use variance under the following conditions:
(1)
If a dispensary is co-located with any other cannabis business, the area of the proposed premises utilized for the dispensing of cannabis and open to the public or to patients shall be physically separated from the area of the premises proposed for any other licensed cannabis business activity creating a clear distinction between each business type.
(2)
Walls, barriers, locks, signage and other means shall be employed to prevent the public from entering the area of premises utilized for the cultivation, manufacturing, or wholesale storage of cannabis.
(3)
Each business shall be in full compliance with the requirements of the Act and the Township land development ordinances, including amended site plan approval by the Township Planning Board.
[Amended 12-27-2023 by Ord. No. 13-2023]
§ 109-267 Requirements applicable to cannabis cultivation centers and manufacturing facilities only.
A.
The applicant shall provide a water conservation plan, describing the water-conserving features of proposed cannabis operation. These features may include, but are not limited to the following: i) evaporative barriers on exposed soils and pots; ii) rainwater capture and reuse; iii) recirculated irrigation water (zero waste); iv) timed drip irrigation; v) soil moisture monitors; and vi) the use of recycled water.
C.
No signage other than directional or discrete building identification shall be permitted. Signage shall remain innocuous and part of the general directional signage typically found in industrial manufacturing facilities. Facade signs will be limited to those at the point of entry to the facility and may not be more than six square feet.
D.
The cultivation of cannabis must be conducted indoors within a permanent, principal structure. For the purposes of this section, a permanent structure is one that is anchored to a permanent foundation with an impermeable floor and is completely roofed and walled with permanent materials. No hoophouse or temporary greenhouse covered in plastic sheeting is permitted for cannabis cultivation purposes. All buildings within which cannabis cultivation activities take place must have permanent side and end walls.
E.
The cultivation or manufacture of cannabis within a building or unit must not be perceptible from the exterior of the building or unit from a street or residential use.
§ 109-268 Requirements applicable to cannabis dispensaries/retailers only.
A.
Cannabis dispensaries must be located within a permanent, principal structure. For the purposes of this section, a permanent structure is one that is anchored to a permanent foundation with an impermeable floor and is completely roofed and walled with permanent materials. No mobile facilities shall be permitted.
B.
Dispensaries shall limit their hours of operation from 8:00 a.m. to 10:00 p.m., Monday to Sunday, or as otherwise provided for within a special use permit.
C.
Cannabis dispensaries shall not be located within 1,500 feet of another cannabis dispensary.
D.
The retail component must be located on the major roadway frontage of Route 31, Route 179, or Route 29 in a permitted location in accordance with § 109-265E above.
E.
Medical dispensaries may only sell usable cannabis-related products to individuals with an active MMP identification card or caregiver identification card.
F.
Samples of cannabis products offered for sale may be displayed on shelves, counters, and display cases. All bulk cannabis products shall be locked within a separate vault or safe, with no other items in the safe, securely fastened to a wall or floor, as coordinated with the West Amwell Township Police Department and allowable under Commission regulations and state legislation.
G.
Dispensaries may sell cannabis paraphernalia as that term is defined in this article.
H.
External signage, including window signage, must be limited to text identifying the business and the logo for the business, provided that said logo does not include a cannabis plant leaf and/or outward glorification of cannabis consumption. All other Township sign regulations must be complied with.
I.
Adherence to the site design standards of the Township Land Development Ordinances through a review by the Zoning Official and the Township Planning Board, when applicable, is required.
§ 109-269 Cannabis consumption areas.
No consumption or smoking of any cannabis products shall be allowed or permitted on the premises or adjacent grounds of a cannabis establishment.
§ 109-270 Prevention of emissions and disposal of materials.
A.
Sufficient measures and means of preventing smoke, odors, debris, dust, fluids and other substances from exiting the cannabis business premises shall be provided at all times. In the event that any debris, dust, fluids or other substances shall exit the business premises, the property owner and operator shall be jointly and severally responsible for the full cleanup immediately.
B.
Businesses shall properly dispose of all materials and other substances in a safe and sanitary manner in accordance with state regulations.
C.
As applicable, cannabis businesses shall be equipped with ventilation systems with carbon filters sufficient in type and capacity to eliminate cannabis odors emanating from the interior to the exterior of the premises discernible by reasonable persons. The ventilation system must be inspected and approved by the Construction Official.
D.
If carbon dioxide will be used in any cultivation area, sufficient physical barriers or a negative air pressure system shall be in place to prevent carbon dioxide from moving into the ambient air, into other units in the same building or into an adjacent building in a concentration that would be harmful to any person, including persons with respiratory disease, and shall be inspected and approved by the Construction Official and the Fire Marshal.
E.
All state regulations concerning ventilation systems shall be followed.
§ 109-271 Compliance with other codes.
Any cannabis business and the adjacent grounds of the cannabis business shall comply with all zoning, health, building, fire, and other codes and ordinances of the Township as shown by completed inspections and approvals by the Township Engineer, Zoning Office, Construction Division, Fire Safety Division, and the Township Board of Health, if applicable.
§ 109-272 No harm to public health, safety or welfare.
The premises of a cannabis business, and any adjacent grounds thereto, shall be operated in a manner that does not cause any substantial harm to the public health, safety and welfare.
§ 109-273 Additional requirements.
[Amended 12-27-2023 by Ord. No. 13-2023]
At the time a site plan approval is granted or amended, or a major change to a cannabis business is approved, the Township Planning Board may impose on the applicant any condition related to the proposed use that is reasonably necessary to protect the public health, safety, or welfare, not inconsistent with the permitting authority requirements, including but not limited to the following:
A.
Requirement to obtain a cannabis business license from the Township before any building permits are obtained;
B.
Additional security requirements;
C.
Limits and requirements on parking and traffic flows;
D.
Requirements for fences and landscaping on the premises;
E.
Requirements and limits on lighting;
F.
Requirements relating to odor mitigation;
G.
Requirements as to the availability of water, water use, and wastewater disposal;
H.
Assurances regarding compliance with applicable noise regulations;
I.
Limits on hours of operation.
§ 109-273.1 Penalty for violation.
Any violation of the provisions of this article or the conditions of the zoning permit granted, by a cannabis 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. In addition, any violation of the provisions of this article or any conditions imposed by the zoning permit may result in the revocation of the zoning permit.
§ 109-273.2 Relationship to Township Zoning and site plan standards.
To the extent any provisions of the Township zoning and site plan standards conflict with this article, the provisions and standards of this article shall control.