The long title for this chapter shall be "A
comprehensive ordinance regulating and limiting the uses of land and
the uses and locations of buildings and structures; regulating and
restricting the height and bulk of buildings and structures and determining
the area of yards and other open spaces; regulating and restricting
the density of population; dividing the City of Salem into districts
for such purposes; adopting a map of said City boundaries and the
classification of such districts; establishing rules, regulations
and standards governing the subdivision and site planning of land
within the city; establishing a Planning Board and Board of Adjustment;
and prescribing penalties for the violation of its provisions."
This chapter shall be known and may be cited
as the "Land Development Ordinance of the City of Salem."
It is the general purpose of the chapter to
encourage and guide the appropriate use and development of all land
and natural resources within the City of Salem in a manner which will
promote the health, safety and moral and general welfare of the community
and which will further the following related and more specific objectives:
A.
To guide and regulate the orderly growth and development
of the City in accordance with a Comprehensive Plan.
B.
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of the community and the preservation and conservation of the natural
environmental and natural resources.
C.
To protect the established character and the social
and economic well-being of the community.
D.
To provide sufficient space in appropriate locations
for a variety of land uses according to their respective environmental
requirements.
E.
To promote the conservation of open spaces, prime
agricultural lands and other valuable natural resources and to prevent
environmental degradation through the improper use of land.
F.
To encourage the location and design of safe and efficient
transportation routes which will promote the free flow of traffic
and pedestrians.
G.
To promote a desirable and attractive visual environment
through creative development techniques and good community design.
H.
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with the
land use policies.
A.
For the purposes of this chapter, the following rules
of construction shall apply:
(1)
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
(2)
Words used in the singular include the plural and
vice versa.
(3)
Any word tense includes every tense of the word.
(4)
The word "shall" is mandatory; the word "may" is permissive.
(5)
The words "used" and "occupied" includes the words
"designed, intended or arranged to be" used or occupied.
(6)
The word "building" includes the words "structure,"
"dwelling" or "residence" and includes "or any part thereof."
(7)
The word "lot" includes the words "plot," "premises"
and "tract."
(8)
The word "zone" includes district and vice versa.
B.
Whenever a term is used in the chapter which is defined
in N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning
as defined in said statute, unless specifically defined to the contrary
in this chapter.
C.
Any word or term not defined herein shall be used
with a meaning of standard usage.
Unless otherwise stated in context, the words
and phrases set forth in the following definitions shall have the
meaning therein indicated:
A building subordinate to the main building on a lot and
used for purposes customarily incidental to those of the main building.
A use subordinate to the main use of land or of a building
on a lot and customarily incidental thereto.
An organization issued a permit, including a conditional
permit by the Commission to operate as a medical cannabis cultivator,
medical cannabis manufacturer, medical cannabis, dispensary or clinical
registrant. For the purposes of zoning, an ATC is the interface between
provider and patient and is synonymous with a medical marijuana dispensary.
Cultivation and manufacturing, unless within the same structure or
property as a dispensary, shall be treated as a separate use category
though it may be part of the license issued by the state for a single
entity. This term shall include the organization's officers, directors,
board members and employees.
[Added 10-19-2020 by Ord. No. 20-09]
The aggregate of the maximum horizontal cross-section area,
excluding cornices, eaves and gutters of all buildings on a lot.
The line parallel to the street line at a distance therefrom
equal to the depth of the required front yard.
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. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.) 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.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.).
[Added 4-17-2023 by Ord. No. 23-06]
As further described in section 28 of P.L. 2019, c. 153 (N.J.S.A.
24:6I-21), 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
permit 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 permit holder, either separate from or connected to the cannabis
retailer or permit holder, at which cannabis items or medical cannabis
either obtained from the retailer or permit holder, or brought by
a person to the consumption area, may be consumed.
[Added 4-17-2023 by Ord. No. 23-06]
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. This person or entity shall hold a Class 1 Cannabis
Cultivator license.
[Added 4-17-2023 by Ord. No. 23-06]
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.
[Added 4-17-2023 by Ord. No. 23-06]
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.
[Added 4-17-2023 by Ord. No. 23-06]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 4-17-2023 by Ord. No. 23-06]
A substance obtained by separating resins from cannabis by:
[Added 4-17-2023 by Ord. No. 23-06]
A chemical extraction process using a hydrocarbon-based solvent,
such as butane, hexane, or propane;
A chemical extraction process using the hydrocarbon-based solvent
carbon dioxide, if the process uses high heat or pressure; or
Any other process identified by the Cannabis Regulatory Commission
by rule or regulation.
The flower of the plant Cannabis sativa L. within the plant
family Cannabaceae.
[Added 4-17-2023 by Ord. No. 23-06]
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 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.).
[Added 4-17-2023 by Ord. No. 23-06]
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
[Added 4-17-2023 by Ord. No. 23-06]
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.
[Added 4-17-2023 by Ord. No. 23-06]
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.A. 2C:36-1 and which is used or intended for use to commit a violation of chapter 35 or 36 of Title 2C of the New Jersey Statutes.
[Added 4-17-2023 by Ord. No. 23-06]
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include:
[Added 4-17-2023 by Ord. No. 23-06]
The resin extracted from any part of the plant Cannabis sativa L., including cannabis extract and resin extracted using nonchemical processes, processed and used in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.). "Cannabis resin" 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.); hashish 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. 2 C:35B-1 et seq.), or as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense of 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.).
[Added 4-17-2023 by Ord. No. 23-06]
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. This
person or entity shall hold a Class 5 Cannabis Retailer license.
[Added 4-17-2023 by Ord. No. 23-06]
An independent, third-party entity meeting accreditation
requirements established by the cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 4-17-2023 by Ord. No. 23-06]
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.
[Added 4-17-2023 by Ord. No. 23-06]
The portion of a street or alley intended for vehicular use.
Cannabis Regulatory Commission established to regulate the
cannabis industry.
[Added 10-19-2020 by Ord. No. 20-09]
Commissioner of Health.
[Added 10-19-2020 by Ord. No. 20-09]
An application form completed as specified by this chapter
and the rules and regulations of the City of Salem and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to a site
plan or subdivision plat, provided that the Planning Board may require
such additional information not specified in this chapter as is reasonably
necessary to make an informed decision as to whether the requirements
necessary for approval of the application for development have been
met. The application shall not be deemed incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the Planning Board. An application shall be certified
as complete immediately upon the meeting of all requirements specified
in the chapter and in the rules and regulations of the Planning Board
and shall be deemed complete as of the day it is so certified by the
administrative officer for purposes of the commencement of the time
period for action by the Planning Board.
A temporary license designated as either a Class 1 Cannabis
Cultivator license, a Class 2 Cannabis Manufacturer license, a Class
3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor license,
a Class 5 Cannabis Retailer license, or a Class 6 Cannabis Delivery
license that allows the holder to lawfully act as a cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service as the case may be,
which is issued pursuant to an abbreviated application process, after
which the conditional license holder shall have a limited period of
time in which to become fully licensed by satisfying all of the remaining
conditions for licensure which were not required for the issuance
of the conditional license.
[Added 4-17-2023 by Ord. No. 23-06]
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in § 130-86 herein and upon the issuance of an authorization therefor by the Planning Board.
A person 21 years of age or older who purchases, directly
or through a cannabis delivery service, acquires, owns, holds, or
uses cannabis items for personal use by a person 21 years of age or
older, but not for resale to others.
[Added 4-17-2023 by Ord. No. 23-06]
The act of ingesting, inhaling, or otherwise introducing
cannabis items into the human body.
[Added 4-17-2023 by Ord. No. 23-06]
A street with access closed at one end and with a vehicular
turnaround at the closed end.
The transportation of cannabis items and related supplies
to a consumer. "Delivery" also includes the use by a licensed cannabis
retailer of any third-party technology platform to receive, process,
and fulfill orders by consumers, which third party shall not be required
to be a licensed cannabis establishment, distributor, or delivery
service, provided that any physical acts in connection with fulfilling
the order and delivery shall be accomplished by a certified cannabis
handler performing work for or on behalf of the licensed cannabis
retailer, which includes a certified cannabis handler employed or
otherwise working on behalf of a cannabis delivery service making
off-premises deliveries of consumer purchases fulfilled by that cannabis
retailer.
[Added 4-17-2023 by Ord. No. 23-06]
The Department of Health.
[Added 4-17-2023 by Ord. No. 23-06]
The legal or beneficial owner or owners of a lot of any land
proposed to be included in a proposed subdivision or development,
including the holder of an option or contract to purchase or other
person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavating or landfill and any use or change in the use
of any building or other structure or land or extension of use of
land for which authorization may be required pursuant to this chapter.
A zoning ordinance, subdivision ordinance, site plan ordinance,
Official Map ordinance or other City regulation of the use and development
of land, or amendment thereto, adopted and filed pursuant to N.J.S.A.
40:55D-1 et seq.
The Director of the Office of Minority, Disabled Veterans,
and Women Cannabis Business Development in the Cannabis Regulatory
Commission.
[Added 4-17-2023 by Ord. No. 23-06]
The lands required for the installation of stormwater sewers or drainage ditches; or lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the New Jersey Statues Annotated.
SINGLE-FAMILYA building, on a lot, designed and occupied exclusively as a residence for one family.
TWO-FAMILYA building, on a lot, designed and occupied exclusively as a residence for two families.
MULTIPLE DWELLING or APARTMENT HOUSEA building, on a lot, designed and occupied exclusively as a residence for three or more families.
HOTEL; MOTEL; TOURIST HOUSEA building or group of buildings on a lot, with three or more rental rooms, arranged and used for the lodging and accommodation of guests for compensation.
TOWNHOUSEA group of attached, single-family dwellings or dwelling units constructed in a series as part of a unified development on a single lot or tract, with each dwelling unit extending from basement to roof.
DWELLING UNITOne or more living rooms or bedrooms with separate cooking and sanitary facilities which are used or intended to be used by a single family and to which there is access to the outdoors either directly or through a common entrance hall.
A right granted for the use of private land for certain public
or quasi-public purposes; also the land to which such a right pertains.
An assemblage or equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public, provided that in residence districts
an electric substation shall not include rotating equipment, except
as is incidental to the operation of the substation as such, storage
of materials, trucks or repair facilities or housing of repair crews.
The Executive Director of the Cannabis Regulatory Commission.
[Added 4-17-2023 by Ord. No. 23-06]
One or more persons related by blood, adoption or marriage,
including foster children and household servants, living and cooking
together as a single housekeeping unit. A number of persons, but not
exceeding three, living and cooking together as a single housekeeping
unit though not related by blood, adoption or marriage shall be deemed
to constitute a "family."
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties, including inspection fees and maintenance guaranties.
Value that is given or received either directly or indirectly
through sales, barter, trade, fees, charges, dues, contributions,
or donations.
[Added 4-17-2023 by Ord. No. 23-06]
A building's vertical measurement from the main level of
the ground abutting the building to a point midway between the highest
and lowest points of the roof, provided that chimneys, spires, towers,
elevator penthouses, tanks and similar projections of the building
and structures supporting utility or transmission facilities shall
not be included in calculating the height.
Any lawful occupation customarily conducted in a dwelling
as an incidental use. A clinic, barbershop, beauty parlor, hair stylist,
tearoom, tourist home, mortuary, convalescent home, commercial kennel
or any similar use shall not be deemed to be a "home occupation."
A cannabis plant that is not flowering.
[Added 4-17-2023 by Ord. No. 23-06]
Any municipality, based on past criminal marijuana enterprises
contributing to higher concentrations of law enforcement activity,
unemployment, and poverty, or any combination thereof, within parts
of or throughout the municipality, that:
[Added 4-17-2023 by Ord. No. 23-06]
Has a population of 120,000 or more according to the most recently
compiled federal decennial census as of the effective date of P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.);
Based upon data for calendar year 2019, ranks in the top 40%
of municipalities in the State for marijuana- or hashish-related arrests
for violation of Paragraph (4) of Subsection a. of N.J.S.A. 2C:35-10;
has a crime index total of 825 or higher based upon the indexes listed
in the annual Uniform Crime Report by the Division of State Police;
and has a local average annual unemployment rate that ranks in the
top 15% of all municipalities, based upon average annual unemployment
rates estimated for the relevant calendar year by the Office of Research
and Information in the Department of Labor and Workforce Development;
Is a municipality located in a county of the third class, based upon the county's population according to the most recently compiled federal decennial census as of the effective date of P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), that meets all of the criteria set forth in Subsection B other than having a crime index total of 825 or higher; or
Is a municipality located in a county of the second class, based
upon the county's population according to the most recently compiled
federal decennial census as of the effective date of P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.):
With a population of less than 60,000 according to the most
recently compiled federal decennial census, that for calendar year
2019 ranks in the top 40% of municipalities in the State for marijuana-
or hashish-related arrests for violation of Paragraph (4) of Subsection
a. of N.J.S.2C:35-10; has a crime index total of 1,000 or higher based
upon the indexes listed in the 2019 annual Uniform Crime Report by
the Division of State Police; but for calendar year 2019 does not
have a local average annual unemployment rate that ranks in the top
15% of all municipalities, based upon average annual unemployment
rates estimated for the relevant calendar year by the Office of Research
and Information in the Department of Labor and Workforce Development;
or
With a population of not less than 60,000 or more than 80,000
according to the most recently compiled federal decennial census;
has a crime index total of 650 or higher based upon the indexes listed
in the 2019 annual Uniform Crime Report; and for calendar year 2019
has a local average annual unemployment rate of 3.0% or higher using
the same estimated annual unemployment rates.
A license issued under P.L. 2021, c. 16 (N.J.S.A. 24:6I-31
et seq.), including a license that is designated as either a Class
1 Cannabis Cultivator license, a Class 2 Cannabis Manufacturer license,
a Class 3 Cannabis Wholesaler license, a Class 4 Cannabis Distributor
license, a Class 5 Cannabis Retailer license, or a Class 6 Cannabis
Delivery license. The term includes a conditional license for a designated
class, except when the context of the provisions of P.L. 2021, c.
16 (N.J.S.A. 24:6I-31 et seq.) otherwise intend to only apply to a
license and not a conditional license.
[Added 4-17-2023 by Ord. No. 23-06]
A person or entity that holds a license issued under P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et seq.), including a license that
is designated as either a Class 1 Cannabis Cultivator license, a Class
2 Cannabis Manufacturer license, a Class 3 Cannabis Wholesaler license,
a Class 4 Cannabis Distributor license, a Class 5 Cannabis Retailer
license, or a Class 6 Cannabis Delivery license, and includes a person
or entity that holds a conditional license for a designated class,
except when the context of the provisions of P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) otherwise intend to only apply to a person or entity
that holds a license and not a conditional license.
[Added 4-17-2023 by Ord. No. 23-06]
An owner, director, officer, manager, employee, agent, or
other representative of a licensee, to the extent that the person
acts in a representative capacity.
[Added 4-17-2023 by Ord. No. 23-06]
A designated parcel, tract or area of land established
by a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
A parcel of land on which a main building and
any accessory buildings are or may be placed, together with the required
open spaces. The area of a "lot" which abuts a street shall be measured
to the street line only.
Any security, other than cash, which may be accepted by a
municipality for the maintenance of any improvements required by this
chapter.
Any subdivision not classified a minor subdivision.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
[Added 4-17-2023 by Ord. No. 23-06]
The definition as provided in Section 2 of the New Jersey
Controlled Dangerous Substances Act, P.L. 1970, c.226 (effective January
17, 1971), codified N.J.S.A. 24:21-1 et seq.
[Added 10-19-2020 by Ord. No. 20-09]
A cannabis plant that is not an immature cannabis plant.
[Added 4-17-2023 by Ord. No. 23-06]
The Jake Honig Compassionate Medical Cannibis Act codified
at N.J.S.A. 6I-1 et seq., as amended.
[Added 10-19-2020 by Ord. No. 20-09]
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 item which is cultivated, produced, processed, and consumed
in accordance with P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.).
[Added 4-17-2023 by Ord. No. 23-06]
A building, structure, or premises used for the cultivation
or storage of medical cannabis. Includes the planting, propagating,
cultivation, growing, harvesting, labeling or manufacturing, compounding
and storing of medicinal cannabis for the limited purpose of this
chapter. A cultivation center may be physically separate and off-site
from the associated licensee's ATC medical cannabis dispensary. When
connected to, or part of, the same property by which an ATC dispenses
from, it is considered part of the ATC. This includes greenhouses,
commercial/industrial warehouse setups, hydroponic systems, etc.
[Added 10-19-2020 by Ord. No. 20-09]
An organization issued a permit 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 designated caregivers, and institutional
caregivers. A medical cannabis dispensary permit shall not authorize
the permit holder to cultivate medical cannabis, to produce, manufacture,
or otherwise create medical cannabis products.
[Added 10-19-2020 by Ord. No. 20-09]
An organization issued a permit 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 permit shall not authorize the permit holder
to cultivated 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.
[Added 10-19-2020 by Ord. No. 20-09]
The acquisition, possession, transport or use of cannabis
or paraphernalia by a registered qualifying patient as authorized
by the P.L. 2009, c.307 (N.J.S.A 2461- 1 et al) and P.L. 2015 c.158
(N.J.S.A 18A: 40- 12. 22) as amended.
[Added 10-19-2020 by Ord. No. 20-09]
Facility that operates as a medical cannabis manufacturer.
[Added 10-19-2020 by Ord. No. 20-09]
Encompasses all components of the industry as is consistent
with the Act. Accordingly, it shall mean any business legally involved
in cultivating, manufacturing, distribution, sales, or testing of
medical cannabis.
[Added 10-19-2020 by Ord. No. 20-09]
The program within the Department of Health, which is responsible
for the administration and implementation of activities related to
the Act.
[Added 10-19-2020 by Ord. No. 20-09]
A person or entity licensed under P.L. 2021, c. 16 (N.J.S.A.
24:6I-31 et seq.) 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:
[Added 4-17-2023 by Ord. No. 23-06]
Employ no more than 10 employees;
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;
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;
Acquire each month, in the case of a cannabis manufacturer,
no more than 1,000 pounds of usable cannabis;
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
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.
A development plan of one or more lots which proposes new
development within the scope of development specifically permitted
by this chapter as a "minor site plan"; does not involve planned development,
any new street or extension of any off-tract improvement which is
to be prorated pursuant to N.J.S.A. 40:55D-42; and contains the information
reasonably required in order to make an informed determination as
to whether the requirements established by this chapter for approval
of a "minor site plan" have been met.
A subdivision of land that does not involve the creation of more than three lots, including any residual portion of the tract; planned development; any new street; extension of any off-tract improvement, the cost of which is to be prorated in accordance with § 130-148E of this chapter; conflict with any portion or provision of the Master Plan, Official Map, Part 3 (Zoning) of this chapter or other provisions of this chapter; or will not adversely affect the proper development of any remainder of the tract or the adjoining properties.
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
Not dependent or conditioned upon the provision or receipt
of financial consideration.
[Added 4-17-2023 by Ord. No. 23-06]
A building or a use of land or of a building legally existing
at the effective date of this chapter or any amendment hereto which
does not conform with the requirements of this chapter or such amendment.
[Amended 10-16-1995 by Ord. No. 95-15]
That which is toxic and injurious to health.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part), which is the subject
of a development application, or contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
A zoning district which is an additional district, carrying
its own restrictions, to another zoning classification of land.
The definition as provided in N.J.S.A. 2C: 36-1.
[Added 10-19-2020 by Ord. No. 20-09]
An open space or a garage, on a lot, used for parking motor
vehicles, the area of which is not less than 180 square feet and to
which there is access from a street.
Any security, which may be accepted by a municipality, including
cash, provided that not more than 10% of the total performance guaranty
may be required in cash.
The documents issued by the Department of Health pursuant
to this chapter granting the legal right to operate as an alternative
treatment center for a specified time.
[Added 10-19-2020 by Ord. No. 20-09]
A map or maps of a subdivision or site plan.
The conferral of certain rights, pursuant to N.J.S.A. 40:55D-46,
55D-48 and 55D-49, prior to final approval after specific elements
of a development plan have been agreed upon by the Planning Board
and the applicant.
Includes the following areas of a location licensed under
P.L. 2021, c. 16 (N.J.S.A. 24:6I-31 et seq.): all public and private
enclosed areas at the location that are used in the business operated
at the location, including offices, kitchens, rest rooms, and storerooms;
all areas outside a building that the Cannabis Regulatory Commission
has specifically licensed for the production, manufacturing, wholesaling,
distributing, retail sale, or delivery of cannabis items; and, for
a location that the commission has specifically licensed for the production
of cannabis outside a building, the entire lot or parcel that the
licensee owns, leases, or has a right to occupy.
[Added 4-17-2023 by Ord. No. 23-06]
An accessory building used for the storage of motor vehicles,
which may include one commercial vehicle, owned and used by the owner
or tenant of the premises and for the storage of not more than two
private noncommercial vehicles owned and used by persons other than
the owner or tenant of the premises.
The planting, cultivation, growing or harvesting of cannabis.
"Produce" does not include the drying of cannabis by a cannabis manufacturer,
if the cannabis manufacturer is not otherwise manufacturing cannabis.
[Added 4-17-2023 by Ord. No. 23-06]
Any place to which the public has access that is not privately
owned; or any place to which the public has access where alcohol consumption
is not allowed, including, but not limited to, a public street, road,
thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming
pool, shopping area, public transportation facility, vehicle used
for public transportation, parking lot, public library, or any other
public building, structure, or area.
[Added 4-17-2023 by Ord. No. 23-06]
A building, not a private garage, used primarily for the
storage and/or repair of motor vehicles of any type or ownership.
A resident of the state who has been authorized for medical
use of cannabis by a health care practitioner.
[Added 10-19-2020 by Ord. No. 20-09]
A system for transmitting sound without visual images, and
includes broadcast, cable, on-demand, satellite, or Internet programming.
"Radio" includes any audio programming downloaded or streamed via
the Internet.
[Added 4-17-2023 by Ord. No. 23-06]
Space allocated for collection and storage of source-separated
recyclable materials.
A person has met the qualifications requirements for, and
has been registered by the Commission as a registered qualifying patient,
designated caregiver or institutional caregiver.
[Added 10-19-2020 by Ord. No. 20-09]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law but does not include conveyances so as
to combine existing lots by deed or other instrument.
Land set aside for use as a street, alley, crosswalk or common
means of communication, travel or drainage.
A person or entity who holds at least a 5% investment interest
in a proposed or licensed cannabis cultivator, cannabis manufacturer,
cannabis wholesaler, cannabis distributor, cannabis retailer, or cannabis
delivery service, or who is a decisionmaking member of a group that
holds at least a 20% investment interest in a proposed or licensed
cannabis cultivator, cannabis manufacturer, cannabis wholesaler, cannabis
distributor, cannabis retailer, or cannabis delivery service, in which
no member of that group holds more than a 5% interest in the total
group investment interest, and the person or entity makes controlling
decisions regarding the proposed or licensed cannabis cultivator,
cannabis manufacturer, cannabis wholesaler, cannabis distributor,
cannabis retailer, or cannabis delivery service operations.
[Added 4-17-2023 by Ord. No. 23-06]
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of an adjoining lot.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting
and screening devices; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to the
provisions of this chapter relating to review and approval of site
plans by the Planning Board.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant of such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purpose of
this chapter, "streets" shall be classified as follows:
ARTERIAL OR MAJOR STREETSThose which are used primarily for fast or heavy through traffic.
MINOR COLLECTOR STREETSThose which carry traffic from residential service streets to arterial or major streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
RESIDENTIAL SERVICE STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial or major streets and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties which have frontage on a street.
The dividing line between a lot and outside boundary of a
public street, road or highway legally open or officially plotted
by the City or between a lot and a private street, road or way over
which the owners or tenants of two or more lots held in single and
separate ownership have the right-of-way.
Any change in or addition to the supporting members of a
building or structure, such as bearing wall partitions, columns, beams
or girders.
The division of a lot, tract or parcel of land for sale or
development. The following shall not be considered "subdivisions"
if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof to be for agricultural purposes where
all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or intestate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure;
Consolidation of existing lots by deed or other
recorded instrument; and
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified by the Planning Board Secretary
to conform to the requirements of the City development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map of the city. The term "subdivision" shall also include
the term "resubdivision."
A building and its equipment erected and used for the purposes
of facilitating transmission and exchange of telephone or radiotelephone
messages between subscribers and other business of the telephone company
but, in residence districts, not to include public business facilities,
storage of materials, trucking or repair facilities or housing of
repair crews.
Delta-9-tetrahydrocannabinol and its precursor, tetrahydrocannabinolic
acid, the main psychoactive chemicals contained in the cannabis plant.
[Added 4-17-2023 by Ord. No. 23-06]
A contiguous land area unbroken by a public street or road,
distinguishable in its ownership from all adjacent areas.
A typed or printed verbatim record of the proceedings or
reproduction thereof.
The dried leaves and flowers of the female plant Cannabis
sativa L., and does not include the seedlings, seeds, stems, stalks,
or roots of the plant.
[Added 4-17-2023 by Ord. No. 23-06]
The co-location or combination of the following activities
related to the production of usable marijuana for qualifying patients
within a single corporate entity: cultivation, manufacturing, and
dispensing.
[Added 10-19-2020 by Ord. No. 20-09]
FRONTThe required open space extending along the street line throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
SIDEThe required open space extending along the side line of the lot throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
REARThe required open space extending along the rear line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.
