ORDINANCE NO. 1415
ARNOLD KOROTKIN
ORDINANCE NO. 1415
ORDINANCE OF THE TOWNSHIP COUNCIL OF THE TOWNSHIP OF LITTLE FALLS IN THE COUNTY OF PASSAIC, STATE OF NEW JERSEY, AMENDING THE TOWNSHIP CODE CHAPTER 280 ENTITLED ZONING
WHEREAS, the Township of Little Falls (“Township”) is a public body corporate and politic of the State of New Jersey; and
WHEREAS, the Township’s Code of General Ordinances (“Code”) currently provide for the regulation of development throughout the Township; and
WHEREAS, the municipal council (“Municipal Council”) of the Township has determined to amend Chapter 280 Article XI Business B-2 District, Section 280-81 Conditional Uses as follows;
Conditional uses in the Business B-2 District are as set forth in the Schedule of Use, Area and Bulk Regulations included at the end of this chapter, with the following conditions:
A. In the B-2 District, new car establishments, establishments duly licensed by the State of New Jersey as follows:
Class 1 Cannabis Grower License – grows, cultivates, or produces cannabis in this State, and sells, and may transport, this cannabis to other cannabis growers, cannabis processors, cannabis wholesalers, or cannabis retailers, but not to consumers. A cannabis grower may also be referred to as a “cannabis cultivation facility.”
Class 2 Cannabis Processor License – processes cannabis items in this State by purchasing or otherwise obtaining cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis processors, cannabis wholesalers, or cannabis retailers, but not to consumers. A cannabis processor may also be referred to as a “cannabis product manufacturing facility.”
Class 3 Cannabis Wholesaler License – purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either to another cannabis wholesaler or to a cannabis retailer, but not to consumers.
Class 4 Cannabis Distributor License – transports cannabis items in bulk intrastate, from one licensed cannabis establishment to another licensed cannabis establishment and may engage in the temporary storage of cannabis items as necessary to carry out transportation activities, but not to consumers.
Class 6 Cannabis Delivery License – provides courier services for a cannabis retailer in order to make deliveries of cannabis items and related supplies to a consumer.
Class 5 Cannabis Retailer License are specifically prohibited in the B-2 District.
These uses are permitted as a conditional use subject to the approval by the Planning Board of a conditional use application and subject to the regulations included in the Schedule of Use, Area and Bulk Regulations included at the end of this chapter and the following conditions and limitations:
(1) All of the area of the minimum front setback shall be landscaped, except that a five-foot area immediately in front of the building shall be permitted and except that exit and entry points for driveways shall be permitted.
(2) There shall be no exterior display of cars for sale, except on that portion of the lot which is to the rear of the rear building line. In any area in which cars are displayed for sale, there will be a six-foot- high wall or fence, which is visually impervious, which shall be placed on the property line.
(3) There will be no exterior amplification of sound anywhere on the site.
(4) There will be no exterior display of flags, pennants or banners anywhere on the site, except for one American flag.
(5) Parking will be permitted in the rear yard, but not closer than five feet to the property line. Similarly, parking will be permitted in the side yards, but only that portion of the side yards which are interior to a projection of the rear building line. However, the parking shall not be closer than within
five feet of the property line. The five-foot area in which no parking is permitted will be landscaped. No parking shall be permitted in any portion of the front yard.
(6) There will be no loading or unloading of automobiles from the highway.
(7) As an incident to and subordinate to the new car sales, the sale of used cars will be permitted, as well as servicing also incident to and subordinate to the new car sales establishment.
(8) There shall be one parking space for every 350 square feet of interior building area.
(9) All of the provisions of the B-2 District which are not in conflict with the within provisions shall be applicable to new car establishments, and establishments duly licensed by the State of New Jersey for Cannabis as defined above and its related items in any form in compliance with New Jersey Statutes and regulations
(10) The provisions of Chapter 227, Subdivision of Land, and Chapter 218, Stormwater Management, shall be applicable to new car establishments, and establishments duly licensed by the State of New Jersey for Cannabis as defined above and its related items in any form in compliance with New Jersey
Statutes and regulations as shall all other ordinances of the Township not otherwise inconsistent with the conditional use provision of this subsection.
(11) On-site lights will be reflected downwards and away from residential areas.
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(12) There shall be no exterior display of Cannabis, Marijuana, Weed or Pot in any form or signage which can be viewed either on the exterior of the building or through the windows of the building. On that portion of the lot which is to the rear of the rear building line there will be a six-foot-high fence erected which will be visually no less than 50% clear, which shall be placed on the property line. (13) All deliveries related to Cannabis and related products will be made through the rear entrance of the building. (14) For businesses establishments duly licensed by the State of New Jersey for Cannabis as defined above there shall be one parking space for every 100 square feet of interior building area. (15) For businesses establishments duly licensed by the State of New Jersey for Cannabis as defined above it is required to install special electrostatic devices which will be designed to eliminate fumes from this product leaking into the atmosphere outside the building. (16) In all Zones in the Township consumption of Cannabis in any form and smoking of Cannabis and use of its related items is strictly prohibited indoors and outdoors on public property, the operation of a Café for the purpose of consuming Cannabis and its related products in any form in compliance with New Jersey Statutes and regulations is prohibited. (17) Within the B-2 District no establishments duly licensed by the State of New Jersey for Cannabis as defined above shall be located closer than 500 feet from a similar establishment. Additionally, no establishments duly licensed by the State of New Jersey for Cannabis as defined above shall be located closer than 1,000 feet from any school building. |
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(18) The Class 5 Cannabis Retailer License are specifically prohibited in the B-2 District. |
This ordinance shall be sent to the Planning Board for their review and comments prior to the final adoption by the Governing Body.
A copy of this Ordinance shall be available for public inspection at the offices of the Township Clerk.
This Ordinance shall take effect upon its final passage by the Municipal Council, and approval by the Mayor and publication as required by law.
PASSED: ___________________________
ATTEST:
__________________________________ Cynthia Kraus, Municipal Clerk
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APPROVE:
___________________________________ James Belford Damiano, Mayor