Township of Middle, NJ Article II Cannabis Site Suitability Review

§ 106-5 Local support.

No person, firm, corporation, or other entity shall own or operate a cannabis establishment without first having acquired a properly adopted resolution of local support and a zoning compliance affidavit in accordance with the provisions of this chapter.

A. Application. All applicants requesting proof of local support required under the CREAMM Act shall submit a completed application form and supply all items requested by local officials in a manner prescribed by the Township. Said application must include a nonrefundable fee of $2,500 for the administrative review of the applicant's concept plan, and any other information deemed necessary to determine the suitability of the specific cannabis establishment, and activities related to its business operations for the proposed cannabis facility.

B. An application for a resolution of local support shall be deemed incomplete, and shall not be processed by the Township, until all documents and application fees are submitted. In order to be deemed complete, the applicant shall submit a fully executed application and proof of all of the following:

(1) The proposed location of the cannabis facility, including a copy of a concept plan and proof that the applicant has or will have lawful possession of the premises proposed for the cannabis facility, which proof may consist of a deed, a lease, a real estate contract contingent upon successful licensing, or a binding letter of intent by the owner of the premises indicating an intent to lease the premises to the entrant contingent upon successful licensing;

(2) An description as to why the proposed location of the cannabis facility is an appropriate location;

(3) Applicant's owners' or principals' qualifications and experience operating in highly regulated industries, including cannabis, healthcare, pharmaceutical manufacturing, retail pharmacies, or other relevant industries with preference to experience operating such businesses within the State of New Jersey;

(4) Applicant's business plan, including the value proposition for consumers, an overview of proposed financing for the business, product(s), market analysis, its regulatory compliance plan, and its ability to obtain liability insurance;

(5) A description of the proposed business activities/operations to be conducted at the cannabis facility, including all principal and accessory uses;

(6) Applicant's qualifications and experience related to public safety and security, including any of the applicant's owners' or principals' experience in law enforcement and drug enforcement;

(7) A summary of the applicant's plans for storage of products and currency, physical security at the cannabis facility, video surveillance, security personnel, and visitor management;

(8) Summary of the applicant's environmental impact, mitigation and sustainability plan, including water management practices, odor mitigation practices, pest control and disease management practices (pesticides, nutrients, and additives), solid and hazardous waste disposal practices, and use of renewal energy;

(9) A description of the applicant's commitment to the local community and commitment to social responsibility; and

(10) Any other information which the applicant feels would be relevant to the Township's evaluation of the suitability of issuing a resolution of local support.

C. All applications for a resolution of local support shall be subject to review by Township officials and, if deemed necessary, the Redevelopment Committee. Township officials and/or the Redevelopment Committee shall issue its recommendations to the Township Committee who shall adopt a resolution to either approve or deny the request of support, which may include conditions for approval. The Township Committee reserves the right to reject any application for any reason at its sole discretion.

D. Land use compliance required. The adoption of a resolution of local support does not constitute a zoning permit or land use approval and no property or part thereof hereafter may be used and no building or part thereof hereafter may be demolished, erected, constructed, reconstructed, moved, extended, converted, altered, maintained or used except upon receipt of all applicable permits, licenses, and other approvals and in conformity with the provisions of this chapter, Township ordinances, and all other applicable government requirements, conditions, and approvals.

E. Expiration of resolution of local support. All resolutions of local support shall expire one year from the date of issuance unless:

(1) The Township has, by resolution, extended the expiration date of the resolution of local support; or

(2) The applicant has received a state license.

F. Appeal. In the event of the denial of a resolution of local support, the applicant may appeal to the Township Committee for a hearing. The appeal shall be filed, in writing, with the Township Clerk within 14 calendar days after notification of the denial. The Township Committee shall hold its hearing within 30 calendar days thereafter, and its decision shall be final.

§ 106-6 Zoning compliance.

A. All applicants requesting a letter or affidavit of zoning compliance pursuant to the CREAMM Act shall forward to the Township Zoning Officer a completed application form and supply all items requested by the Zoning Officer in order to determine zoning compliance in accordance with this § 106-6. Upon receipt of a full and complete application, the Zoning Officer, and if necessary the Township Engineer, shall promptly review the application and determine whether or not to issue or deny a zoning compliance affidavit. No zoning compliance affidavit shall issue until a full and complete application has been received containing all required submission materials and the Zoning Officer has confirmed that the proposed location for the cannabis facility will conform to municipal zoning requirements. If the Zoning Officer cannot grant the zoning compliance affidavit, the Zoning Officer shall issue a denial, notifying the applicant of the reasons therefor.

B. An application for a zoning compliance affidavit shall be deemed incomplete, and shall not be processed by the Zoning Officer, until all documents and application fees are submitted. In order to be deemed complete, the applicant shall submit a fully executed application and proof of all of the following:

(1) A copy of the resolution of local support issued pursuant to § 106-5 above;

(2) A concept plan for the proposed cannabis facility;

(3) A detailed floor plan of the proposed cannabis facility;

(4) A description of the proposed business activities/operations to be conducted at the cannabis facility, including all principal and accessory uses;

(5) Accurate drawing of any proposed sign, including dimensions, materials to be used, and illustration for the proposed sign, as well as information regarding the height and proposed location of the proposed sign(s);

(6) A detailed description of any proposed fencing, including the height, materials to be used and location of the proposed fencing;

(7) The number and dimensions of all proposed parking spaces, including the number of handicapped spaces; and

(8) The number, dimensions and locations of all proposed accessory structures.

C. Land use compliance required. The issuance of a zoning compliance affidavit does not constitute a zoning permit or land use approval, and no property or part thereof hereafter may be used and no building or part thereof hereafter may be demolished, erected, constructed, reconstructed, moved, extended, converted, altered, maintained or used except upon receipt of all applicable permits, licenses and other approvals and in conformity with the provisions of this chapter, Township ordinances and all other applicable government requirements, conditions, and approvals.

D. Appeals. Appeals from the actions of the Zoning Officer pursuant to this § 106-6 shall be made to the Township Committee.