Township of Middle, NJ Regulation of Cannabis Facilities

Local license holders and Cannabis facilities shall perform interval testing for malodors no less frequently than biweekly. Odor samples shall be taken by each member of an ad hoc committee consisting of at least three designees of the cannabis facility utilizing a device known as an olfactometer. All members of the ad hoc committee shall be appropriately trained in how to operate the olfactometer and shall record sample data prior to performing any interval testing. Samples shall be taken from at least five separate locations located along the lot perimeter with at least one sample collected from the north, south, east, and west of the cannabis facility.

Local license holders and all cannabis facilities must maintain adequate and accurate books and records that provide a true accounting of all interval testing for malodors required in § 106-12, including dates and times of samples, reading locations, reading levels, and the names of all operators of the olfactometer, including their training history.

The Township shall have the power and authority to enter any cannabis facility at any time and have access to the testing records of such business for the purpose of ascertaining compliance with this chapter.

Nuisance defined. In order to prevent nuisance from noise, odor, dust, light, glare, heat, noxious gasses, smoke, traffic, vibrations, unsafe conditions or other negative impacts of a cannabis facility, or which otherwise may be injurious to the public health, safety, or welfare of the inhabitants of the Township of Middle, all of which shall be considered a nuisance:

(1)

The creation of noise when measured at the property boundary of the land on which the cannabis facility is located in excess of 20 dBA above ambient noise level;

(2)

The emission of odor that is detectible at and/or travels beyond the property boundary of the land on which the cannabis facility is located; or

(3)

The receipt of three or more complaints regarding the cannabis facility within a period of 60 days; or

(4)

Maintaining, cultivating and/or growing cannabis upon private property within the Township except in full compliance with the provisions of this chapter; or

(5)

Disposal of cannabis or any part thereof, cannabis waste and/or any other waste from a cannabis facility except in strict accordance with a waste disposal plan provided to the Township.

Order to abate a nuisance. In the event that the Township has reason to believe that a local license holder and/or cannabis facility has created a nuisance, the Township shall issue a notice to the local license holder and/or cannabis facility identifying the alleged nuisance and may do one or more of the following:

(1)

The Township may order the local license holder and/or cannabis facility to submit to independent testing to verify or refute the existence of the alleged nuisance at the expense of the local license holder and/or cannabis facility.

(2)

The Township may order a local license holder and/or cannabis facility, at its own expense, to remove any nuisance found thereon within 24 hours or such other time the Township deems reasonable.

Compliance with order to abate. The local license holder and/or cannabis facility shall have seven days after receipt of an order to abate a nuisance in which to comply with the Township's order, unless an appeal has been filed.

(1)

If the local license holder and/or cannabis facility fails to comply with such order, subject to the appeal rights below, the Township of Middle may revoke the local license.

(2)

The Township shall notify a cannabis establishment, in writing, of any order taken pursuant to this section. If the cannabis establishment fails to either comply with the order or request a hearing before the Township Committee after said seven days, the Township of Middle may cause the nuisances to be removed, and all expenses incurred thereby shall constitute a debt due the Township of Middle. If the cannabis establishment requests a hearing before the Township Committee, such hearing shall occur no later than the next regularly scheduled Committee meeting.

Appeal of order to abate. The local license holder and/or cannabis facility shall have seven days after receipt of an order to abate a nuisance in which to appeal to the Township Committee for a hearing. The request for an appeal shall be filed, in writing, with the Township Clerk. The Township Committee shall hold its hearing within 30 calendar days thereafter, and its decision shall be final.