[Added 6-14-2023 by Ord. No. 1069-2023]
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 (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 marijuana 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.).
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 manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
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 (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.); or hemp or 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.).
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.
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 CPCC established pursuant to Section 31 of P.L. 2019,
c. 153 (N.J.S.A. 24:6I-24).
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
A.
Permitted licenses. Those businesses possessing either a Class 1,
Class 2, Class 3, or Class 4, license 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 Borough
of Northvale subject to all of the provisions of this article and
all applicable state standards and regulations.
B.
Prohibited licenses. Class 5 and Class 6 licenses are prohibited
in the Borough of Northvale, except for the purpose of delivering
cannabis items and related supplies from a Class 6 license holder
located outside of the Borough of Northvale.
A.
A cannabis establishment seeking to operate within the Borough of
Northvale may operate within the LI (Light Industrial) Zone as a conditional
use.
(1)
No cannabis establishment may be located in the portion of the LI
Zone where the R7.5 overlay is located.
B.
Only two cannabis establishments of each permitted class of licenses
permitted herein shall be licensed and located within the Borough.
C.
Prior to the operation of any cannabis establishment, a permit or
license must be obtained from the state and from the Borough of Northvale
for the applicable type of cannabis establishment. No cannabis establishment
shall be permitted to operate without state and municipal permits
or licenses.
D.
All cannabis establishments operating in the Borough of Northvale
shall be permitted as a conditional use, subject to the following
conditions:
(1)
Present proof of the appropriate state license.
(2)
Under no circumstances is a cannabis establishment to be located:
(3)
No cannabis product shall be smoked, eaten, or otherwise consumed
or ingested on the premises of any cannabis establishment.
(4)
A cannabis establishment shall not be located in a home, apartment,
townhouse, condominium or mixed-use building.
(5)
A cannabis establishment shall not be located in a multitenant commercial
building which includes retail or office use as other commercial tenants.
This restriction does not apply to an office that is an accessory
use to other commercial uses.
(6)
The applicant shall implement an odor mitigation infrastructure so
that odors emanating from the facility are not detectable by a person
on adjacent properties, rights-of-way, or other units with a building
on the same lot. The applicant shall provide details regarding odor
mitigation with initial license application to the Borough and with
each annual license renewal information to be approved by the Borough
Engineer.
(7)
All activities associated with the production of cannabis, including
cultivation, manufacturing, and processing, shall occur within an
enclosed building.
(8)
The applicant shall provide appropriate landscape buffers at least
six feet high at the time of installation, or other equivalent method
of buffering, to be installed adjacent on any property line shared
with a residential property.
(9)
The parking requirements shall be one parking space for each employee.
(10)
All bulk standards established for the underlying LI Zone shall
apply.
(11)
The applicant shall comply with the signage standards of the
underlying zoning district, including the following additional limitations:
(a)
No sign shall be placed on the roof of a building nor placed
on its walls so as to exceed in height the roof of a building.
(b)
No illuminated signs shall be permitted.
(c)
No freestanding signs shall be permitted.
(d)
There shall only be one sign.
(e)
The content of signage shall be restricted to text on a solid
background. The logo of the business may be included, provided the
logo does not include a cannabis plant leaf or image of other cannabis
paraphernalia or products.
(12)
The applicant shall provide an on-premises security person at
all times.
(13)
The applicant shall provide a contact person for any inspections
the Borough requires.
B.
Taxes to be paid to the Borough shall be paid quarterly.
C.
The Borough shall have the right to audit the financial records of
the licensee. The Chief Financial Officer may initiate an audit by
means of an audit notice. If, as a result of an examination conducted
by the Chief Financial Officer or his designee, a return has not been
filed by a taxpayer or a return is found to be incorrect and transfer
taxes are owed, the Chief Financial Officer is authorized to assess
and collect any tax due. If no return has been filed and tax is found
to be due, the tax actually due may be assessed and collected with
or without the formality of obtaining a return from the taxpayer.
Deficiency assessments (i.e., where a taxpayer has filed a return
but is found to owe additional tax) shall include taxes for up to
three years to the date when the deficiency is assessed. Where no
return was filed, there shall be no limit to the period of assessment.
Delinquent payments under this article shall be subject to the interest
rate imposed upon unpaid municipal property taxes. If a cannabis facility
fails to pay the tax to the Borough of Northvale, the cannabis facility's
license may be revoked.
A.
Violations of any provisions of this article shall be punishable
by fines of $1,500 for the first offense and $2,000 for each and every
offense thereafter. This article shall be enforced by either the Northvale
Police, the Northvale Building Department, or the Northvale Health
Department.
B.
Upon a third conviction for violation of this article, the Borough
may revoke the applicant's license.
There shall only be two of each type of Class 1, 2, 3, or 4
license permitted within the Borough of Northvale.
A.
The annual license fee for all cannabis establishments shall be $15,000.
In the initial year of licensing; however, the fee for any license
issued on or after July 1 of that year shall be $7,500.
B.
All licenses issued pursuant to this article shall be effective for
the calendar year, expiring on the 31st day of December of the year
of issue, and may be renewable for succeeding calendar years thereafter.
The fee for license renewals shall be paid in full to the Municipal
Clerk before any license is renewed.
