Details for HAMILTON TWP - LEGAL

Township of Hamilton
NOTICE OF PENDING ORDINANCE NO. 1945-2021
The Ordinance published herewith was duly introduced and passed upon
first reading at a meeting of the Township Committee of the Township of
Hamilton, County of Atlantic, State of New Jersey, held on January 19, 2021
and will be further considered for final passage and adoption, after a public
hearing thereon, at a regular meeting of the Township Committee to be
held in the Municipal Building, 6101 Thirteenth St., Mays Landing, NJ on
March 1, 2021 at 6:30 PM or as soon thereafter as the agenda will allow.
During the week prior to and up to and including the date of such meeting,
copies of said Ordinance will be available at the Township Clerk’s Office
located in the municipal building for the members of the general public
who shall request same.
BY ORDER OF THE TOWNSHIP COMMITTEE OF THE TOWNSHIP OF HAMILTON,
ATLANTIC COUNTY NJ. RITA MARTINO, RMC, CMR,TOWNSHIP CLERK
TOWNSHIPOF HAMILTON
ORDINANCE #1945-2021
AN ORDINANCE ADOPTING AN AMENDMENT TO THE TOWNSHIP-WIDE
REDEVELOPMENT PLAN FOR BLOCK 1132.01, LOT 16 IN THE TOWNSHIP
OF HAMILTON, ATLANTIC COUNTY, STATE NEW JERSEY
WHEREAS, by way of Resolution #2018-0329 adopted on August 20,
2018,the Mayor and Committee of the Township of Hamilton (the“Township
Committee”) designated the entirety of the Township of Hamilton, County
of Atlantic (the “Township” or “Rehabilitation Area”) as an “Area in Need of
Rehabilitation” pursuant to N.J.S.A. 40A:12A-1 et seq.; and
WHEREAS,by way of Ordinance No.2019-1897 adopted on February 19,
2019, the Township Committee adopted a redevelopment plan for the
entirety of the Township entitled “Redevelopment Plan for Rehabilitation
in the Township of Hamilton” dated October 2018 (the “Township-Wide
Redevelopment Plan”) which provides a broad overview for the planning,
development,redevelopment,and rehabilitation of the Township for purposes
of improving conditions within the Township; and
WHEREAS, pursuant to N.J.S.A. 40A:12A-7, a governing body may
adopt, revise, or amend a redevelopment plan for an “Area in Need of
Redevelopment” and/or “Area in Need of Rehabilitation;” and
WHEREAS, in order to stimulate private investment within the Township
and prevent further deterioration of certain property identified on the
Township’s Official Tax Map as Block 1132.01, Lot 16, (the “Property”) the
Township Committee has determined that it is in the best interest of the
Township to adopt a more specific amendment to the Redevelopment Plan
with respect to the Property;
WHEREAS, pursuant to N.J.S.A. 12A-7, the proposed amendment
to the Township-Wide Redevelopment Plan, set forth herein, has been
prepared for the Property and provides for the planning, development, and
rehabilitation of the Property for purposes of improving conditions within
the Township and specifically the Property; and
WHEREAS, pursuant to N.J.S.A. 40A:12A-7, the Township Committee
adopted a Resolution referring the Redevelopment Plan Amendment, set
forth herein, to the Township of Hamilton Planning Board (the “Planning
Board”) for review and a determination of consistency with the Township of
Hamilton Master Plan following introduction and first reading; and
WHEREAS,the Township Committee has reviewed the recommendation
of the Planning Board and has determined that it is in the best interest
of the Township to adopt the Redevelopment Plan Amendment, set forth
herein, in order to effectuate the rehabilitation and redevelopment of the
Township and specifically, Block 1132.01, Lot 16.
NOW THEREFORE BE IT ORDAINED by the Township Committee of the
Township of Hamilton, Atlantic County, State of New Jersey, as follows:
Section 1. The aforementioned recitals are incorporated herein as
though fully set forth at length.
Section 2.The Township-Wide Redevelopment Plan is hereby amended
to add the following (the “Redevelopment Plan Amendment”) and shall
only apply to Block 1132.01, Lot 16 on the Official Tax Map of the Township
of Hamilton, Atlantic County:
1. Purpose.
The purpose of this article is to:
Provide regulations and standards for the establishment and operation
of a medical marijuana alternative treatment center.
Provide appropriate locations for a medical marijuana alternative
treatment center (dispensary facility only) that will minimize conflicts
with other uses, thereby advancing public health, safety and welfare.
2. Statutory authority.
This article is authorized under N.J.S.A. 24:6I-1 et seq.,
pertaining to medical marijuana, N.J.S.A. 40A:12A-1, et seq. and
N.J.S.A. 40:55D-1, et seq. et seq., pertaining to land use.
3. Applicability and Utilization of Land Use,Zoning and Bulk Standards.
A. Any developer wishing to utilize the Zoning set forth herein for
the development of Block 1132.01, Lot 16 shall be required
to enter into a Redevelopment Agreement with the Township
Committee prior to submitting an application to the Township
Planning Board.
B.The existing zoning provisions, bulk standards and all other
land use requirements of the Township of Hamilton, including
but not limited to those requirements found in Chapter
203 of the Township Municipal Code shall apply to the
Property unless otherwise specifically addressed within this
Redevelopment Plan Amendment.
4. Permitted uses.
Permitted uses shall be as follows:
Medical marijuana dispensary facility, in accordance with this chapter.
5. Permitted accessory uses.
Permitted accessory uses shall be as follows:
Administrative office for business on site.
Environmental equipment, as may be required by the United States
Environmental Protection Agency or by the New Jersey Department of
Environmental Protection.
Parking.
Trash enclosure for solid waste and recyclables.
Fencing.
Signage.
Drive-through window.
6. Prohibited uses.

MARIJUANA (MEDICAL CANNABIS)
Marijuana (medical cannabis) has the meaning given in the
New Jersey Controlled Dangerous Substances Act (N.J.S.A.
24:21-2). Marijuana means all parts of the plant genus
Cannabis, whether growing or not; the seeds thereof; and every
compound, manufacture, salt, derivative, mixture, or preparation
of the plant or its seeds, except those containing resin extracted
from the plant; but shall not include the mature stalks of the
plant, fiber produced from the stalks, oil or cake made from
the seed of the plant, any other compound, manufacture, salt,
derivative, mixture, or preparation or such mature stalks, fiber, oil,
or cake, or the sterilized seed of the plant which is incapable of
germination. The words marijuana and medical cannabis shall
be used interchangeably in this Ordinance.
MARIJUANA CONSUMPTION AREA
Any designated location operated by an alternative treatment
center, for which both a State and local endorsement has been
obtained, that is either: (1) an indoor, structurally enclosed
area of an alternative treatment center that is separate from
the area in which retail sales of marijuana (cannabis) items or
the dispensing of medical marijuana occurs: or (2) an exterior
structure on the same premises as the alternative treatment
center, either separate from or connected to the center, at which
cannabis items or medical cannabis either obtained from the
retailer or center, or brought by a person to the consumption
area, may be consumed.
PARAPHERNALIA
Paraphernalia has the meaning given in the New Jersey Code of
Criminal Justice (N.J.S.A. 2C:36-1).
PROPERTY
Property shall mean Block 1132.01, Block 16, the only property
to which the herein redevelopment plan amendment applies.
REDEVELOPMENT PLAN AMENDMENT
Redevelopment Plan Amendment shall mean the provisions
provided in Section 2 of this Ordinance introduced on January
19, 2021 and adopted on February 16, 2021.
8. Signs.
Signage shall be in accordance with N.J.A.C. 8:64-12.1. with
additional standards as follows:
A. Signs restricting access to the medical marijuana alternative
treatment center shall be installed at the entrance drive and
at the public entrance to the building.
9. Construction standards.
A medical marijuana alternative treatment center shall be
developed in accordance with the standards in this chapter.
In the event there is a conflict with a provision in the Land
Development Ordinance, the provision in this article shall
govern.
10. Security.
Security shall be provided in accordance with N.J.A.C. 8:64-9.7
and shall be coordinated with the Township of Hamilton Police
Department.
11. Parking.
The parking requirement for the dispensary facility function of a
medical marijuana alternative treatment center shall be one (1)
space per 200 square feet of gross floor area.
12. Buffers, screening, fencing and landscaping.
A. Screening shall not be required because of the heightened
need for security for a medical marijuana alternative
treatment center.
B. Fencing, a minimum of eight (8) feet tall, shall be installed
around any portion of the site that is restricted from public
access.
13. Zoning criteria and location restrictions.
A. A medical marijuana alternative treatment center shall not be
located within a drug-free school zone.
B. A medical marijuana alternative treatment center shall be
subject to the following bulk and area criteria. For any bulk
standard not specifically mentioned below, the requirements
of the Township of Hamilton Municipal Code shall apply.
Table of Lot Requirements for Medical
Marijuana Alternative Treatment Centers
Bulk & Area Criteria

Requirement

Principal Structure
Stories

2.5

Feet

35

Accessory Structure
Stories

1.5

Feet

15

Lot Requirements
Minimum Total Lot Area

15,000 square feet

Minimum Lot Width

100 feet

Maximum Lot Coverage

75 percent

Front Yard Setback

50 feet

Rear Yard Setback

25 feet

Side Yard Setback

25 feet each side

Minimum Open Landscaped Area

25 percent

Maximum Building Length

100 feet

Enforcement.
The State shall enforce the provisions of the medical marijuana
alternative treatment center facility permit.
The Zoning Officer shall enforce the zoning and site plan provisions of
this ordinance.
Nothing in this Redevelopment Plan Amendment shall interfere with
the ability of the State or local authorities from enforcing the State,
County, and Local regulations concerning this Property.

Section 3. The Township Committee declares and determines that
said Redevelopment Plan Amendment meets the criteria, guidelines and
Sale or consumption of food, beverages, alcohol or tobacco on the premises. conditions set forth in N.J.S.A. 40A:12A-7, provides realistic opportunities
Marijuana consumption area on the premises.
for redevelopment of the Redevelopment Area and is otherwise in
conformance with N.J.S.A. 40A:12A-1, et seq.
7. Definitions.
The following uses shall be prohibited:

Section 4. The Township Committee further declares and determines
As used in this article, the following terms shall have the meanings
that said Redevelopment Plan Amendment is consistent with the Township
indicated:
Master Plan.
DISPENSARY FACILITY
Section 5. The Township Committee of the Township of Hamilton,
Any site for the sale of medical marijuana and paraphernalia to Atlantic County, State of New Jersey shall have, be entitled to, and is hereby
a qualifying patient or primary caregiver for the limited purpose vested all power and authority granted by the aforementioned statutory
of the New Jersey Jake Honig Compassionate Use Medical provisions to effectuate the Redevelopment Plan Amendment.
Cannabis Act (N.J.S.A. 24:6I-1, et seq..) and the Medicinal
Section 6. The Redevelopment Plan Amendment shall constitute an
Marijuana Program Rules (N.J.A.C. 8:64, et seq.).
overlay zone to the extent set forth therein.
MEDICAL MARIJUANA ALTERNATIVE TREATMENT CENTER (ATC)
Section 7. All ordinances or parts of ordinances inconsistent with this
An organization approved by the Department of Health to Ordinance are hereby repealed to the extent of such inconsistency.
perform activities necessary to provide registered qualifying
Section
8. In the event any clause, section or paragraph of the
patients with usable marijuana (medical cannabis) and related
paraphernalia in accordance with the provisions of the New Ordinance is deemed invalid or unenforceable for any reason, it is the
intent
of
the
Township Committee that the balance of the Ordinance
Jersey Compassionate Use Medical Marijuana Act (N.J.S.A.
24:6I-1, et seq.). A medical marijuana alternative treatment remains in full force and effect to the extent it allows the Township to meet
the
goals
of
the
Ordinance.
center will have dispensary facility functions.
Section 9. This Ordinance shall take effect after final adoption and
publication according to law.

Printer Fee: $200.34
Pub Date: February 16, 2021

Order #: 0000160674

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