WARETOWN – The Township of Ocean’s governing body unanimously passed a new ordinance that allows cannabis cultivation in a particular area within the Brookville section of the community.
The purpose of this ordinance is to facilitate the growth of the cannabis industry for its associated tax revenue within the township while implementing strict zoning requirements and regulations.
Township Administrator Diane B. Ambrosio emphasized that Cannabis Use Overlay Zone 3 covers a very specific area that is not near residential homes. The Pinelands Commission also has restrictions concerning acceptable uses in the zone, focusing on the limitations associated with agricultural concerns.
“A property owner came in with a cannabis company that would like to grow and manufacture there,” said Ambrosio. “The Pinelands does not allow manufacturing, although it will allow cultivating inside and outside cultivation.”
The Township of Ocean’s newly passed ordinance restricts cultivation to indoors only. Ambrosio said the governing body was concerned the odor could create a problem. A number of other prohibitions and limitations are spelled out in the law.
As far as concerns about odor, cannabis businesses will be required to implement odor control devices and techniques to ensure that odors are not detectable off-site.
Businesses will also need to install exhaust air filtration systems or air filtration systems to prevent external odor emissions.
The ordinance also introduces stringent standards for lighting, with specific measures outlined for greenhouse interior lighting. Both the odor control and lighting plans are required to minimize the impact on neighboring properties.
Cannabis cultivation businesses seeking approval are required to have a minimum lot size of 5 acres, along with additional size-related criteria.
While New Jersey law allows for diverse categories of cannabis businesses, the Cannabis Use Overlay Zone 3 only provides for cultivation. Other associated uses and activities, such as cannabis manufacture, retail sales, and delivery services, are explicitly prohibited within the zone.
Businesses proposed within the zone are required to submit both a community impact statement and an environmental impact statement. The ordinance also includes standards related to water conservation and stormwater management in accordance with relevant local regulations.
A comprehensive security system is mandatory for all cannabis-related uses or activities within Cannabis Use Overlay Zone 3. Security systems must be professionally monitored 24/7, trigger local law enforcement response, and preserve recordings for at least 180 days. Two secure backups of all recordings and documentation will be required, with one stored on-site and another off-site.
Applicants seeking to develop a cannabis-related business must adhere to farmland soil preservation requirements outlined in the ordinance.
The Township of Ocean was the first to establish a medical marijuana dispensary in Ocean County. BLOC, located in the Town Center zone, recently upgraded its offerings to include retail sales of recreational cannabis.
Local authorities have said in the past they recognize the importance of balancing the economic potential of the cannabis industry with the need to uphold community and environmental standards.
Two percent of the receipts from each sale by a cannabis cultivator would be expected from any cannabis cultivator business opening in the new zone. Other fees would also be imposed by local law.
As it now stands, New Jersey is the only state that has legalized cannabis but has firm laws against growing marijuana at home. Governor Phil Murphy recently expressed his openness to reconsidering the issue of home cultivation. This potential shift could have implications for both cannabis businesses and municipalities seeking to augment their tax revenue from such establishments.
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