[Added 4-1-2021 by Ord.
No. 2021-03; amended 7-17-2021 by Ord. No. 2021-11; 4-7-2022 by Ord. No. 2022-06]
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.
The transportation of cannabis items to and from licensed
cannabis establishments, or home delivery of cannabis-items-related
supplies to a retail consumer.
A business or organization owned and controlled by a license
holder that holds a Class 4 cannabis distributor license.
A cannabis (grower) cultivator (also referred to as a "cannabis
cultivation facility"), a cannabis (processor) manufacturer (also
referred to as a "cannabis product manufacturing facility"), a cannabis
wholesaler, or a cannabis retailer.
Any building used in association with cannabis cultivation,
manufacturing, wholesale or distribution.
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.
Establishments or places of business primarily engaged in
selling merchandise to other businesses, including retailers, industrial,
commercial, institutional, or professional business users, other wholesalers,
or acting as agents or brokers and buying merchandise for, or selling
merchandise to, such individuals or companies.
A license issued under relevant state law, including a license
that is designated as either:
The classifications and definitions shall be defined pursuant
to N.J.S.A. 24:61-31 et seq. The term includes a conditional license
for a designated class, except when the context of the provisions
of relevant state law otherwise intend to only apply for a license
and not a conditional license.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
does not include packaging or labeling.
A.
Cannabis Class 1, 2, 3 and 4 as set forth above shall be permitted
in all nonresidential zones subject to the following:
(1)
Minimum lot size: Minimum lot size is five acres.
(2)
Eligible locations: Cannabis facilities shall be at least 200
feet from any residential building; 200 feet from any parks or trails;
and 200 feet from any school building. Distance shall be measured
from nearest building wall to building wall for residential buildings
and school buildings. Parks or trails shall be measured from cannabis
building facility to nearest park or trail property line.
(3)
Buildings: All cannabis shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses or outdoors.
(4)
Fencing: Cannabis facilities utilized for any growing, production
or manufacturing shall be enclosed by a security fence with a height
of eight feet, which height shall be permitted for cannabis facilities.
(5)
Odor control: The cannabis facility shall provide an air treatment
system with sufficient odor-absorbing ventilation and exhaust systems
such that any odor generated inside the facility is not detectable
by a person of reasonable sensitivity at the property line of the
subject property. Odor from the facility shall be monitored on an
annual basis at the discretion of the Township by a licensed, qualified
contractor chosen by the Township at a cost that should be paid for
by the property owner.
(6)
Signage: Signs shall be limited to the address, name of the
company and emergency contact information located on one ground sign
not to exceed 32 square feet.
(7)
Site plan approval: Complete site plan and checklist approval
is required as per the Township Code. The applicant shall submit,
including but not limited to, the following: a safety and security
plan, emergency services access plan, hazardous materials inventory,
environmental impact statement and waste control plan.
(8)
State license: The cannabis facility must have a valid license
to operate from the State of New Jersey and the Township of Andover.
(9)
Any cannabis facility is subject to compliance with all state
laws, regulations and guidelines with respect to cannabis licenses
issued by the State of New Jersey and the Township of Andover.
(10)
Pursuant to N.J.S.A. 24:6I-21, cannabis consumption areas are
prohibited from being located within any licensed establishments or
within the Township.
B.
Cannabis Class 1, 2, 3 and 4 as set forth above shall be permitted
in residential zones subject to the following:
(1)
Minimum lot size: Minimum lot size is five acres.
(2)
(3)
Setback: must meet the setbacks in the zone the property is
located in.
(4)
Buildings: All facilities shall be enclosed in heated/air-conditioned
buildings, not in greenhouses, hoop houses, or outdoors.
(5)
Fencing: All structures utilized for any growing, production
or manufacturing shall be enclosed by a security fence with a height
of eight feet.
(6)
Odor control: The facility shall provide an air treatment system
with sufficient odor-absorbing ventilation and exhaust systems such
that any odor generated inside the facility is not detectable by a
person of reasonable sensitivity at the property line of the subject
property. Odor from the facility shall be monitored on an annual basis
at the discretion of the Township by a licensed, qualified contractor
chosen by the Township at a cost that should be paid for by the property
owner.
(7)
Signage: Signs shall be limited to the address, name of the
company and emergency contact information located on one ground sign
not to exceed 32 square feet.
(8)
Site plan approval: Complete site plan and checklist approval
is required as per the Township Code. The applicant shall submit,
including but not limited to, the following: a safety and security
plan, emergency services access plan, hazardous materials inventory,
environmental impact statement and waste control plan.
(9)
State license: The facility must have a valid license to operate
from the State of New Jersey and the Township of Andover.
(10)
Any cannabis facility is subject to compliance with all state
laws, regulations, and guidelines with respect to cannabis licenses
issued by the State of New Jersey and the Township of Andover.
(11)
Pursuant to N.J.S.A. 24:6I-21, cannabis consumption areas are
prohibited from being located within any licensed establishments or
within the Township.
C.
Class 6 cannabis delivery service operating facilities anywhere in
the Township are prohibited. In addition, "cannabis consumption areas"
as defined by N.J.S.A. 24:6I-33 shall be prohibited throughout the
Township.
[Added 11-3-2022 by Ord. No. 2022-20]
