Ordinance No. 22-11

Introduced: May 9, 2022
Public Hearing: June 13, 2022
Status: Pending

Ordinance of the Township of Vernon, County of Sussex, State of New Jersey, Amending Section 330-160 Entitled "Schedule of Permitted, Conditional and Accessory Uses and Structures" to Prohibit Farmland Assessment on Properties Where Legal Cannabis is Cultivated

Note: Strikeouts are deletions. Underlines are added material.

WHEREAS, on July 26, 2021, the Township Council of the Township of Vernon ("Township Council") passed ordinance No. 21-16 which authorized cannabis cultivation, cannabis delivery, cannabis manufacturing, cannabis wholesaling, and cannabis distribution in the Township of Vernon ("Township")

WHEREAS, on September 13, 2021, the Township Council passed ordinance No. 21-25 to permit retail sales of legalized cannabis.

WHEREAS, upon further review, a determination has been made that there is a need to update the Township's legal cannabis regulations to comply with current requirements prohibiting farmland assessments on property where legal cannabis is cultivated.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Township of Vernon, County of Sussex, and State of New Jersey, as follows:

SECTION 1

§ 330-160 "Schedule of Permitted, Conditional and Accessory Uses and Structures" and "SCHEDULE A Permitted, Conditional and Accessory Uses and Structures" shall be amended and revised as follows:

No more than three of each of the following uses shall be permitted in the Light Industrial Zone: Cannabis Cultivator, Cannabis Delivery, Cannabis Manufacturer, Cannabis Wholesaler, and Cannabis Distributor. Additionally, no more than two Cannabis Cultivators shall also be permitted in the McAfee Village Mixed Use Zone, and in the R-2 Zone for any farmland assessed property on the northbound side of County Road 517 and on R-2 Zone properties with a minimum of 6 acres located west of County Road 517, and on R-1 Zone properties with a minimum of 6 acres located on the northbound side of County Road 517.

SECTION 2
Each section of this ordinance is an independent section, and the holding of any section or part thereof to be unconstitutional, void or ineffective for any cause shall not be deemed to affect the validity of constitutionality of any other sections or parts thereof.

SECTION 3
Any ordinances or parts thereof in conflict with the provisions of this Ordinance are hereby repealed as to their inconsistencies only.

SECTION 4
This Ordinance shall take effect upon final passage and publication as provided by law, however subsequent to the first reading, this ordinance must be referred to the Township Land Use Board for review, which shall be based on whether the ordinance is substantially consistent with the Master Plan. The Land Use Board has a period of thirty-five (35) days after referral to report on the proposed ordinance. The Township Clerk is further directed to give notice at least ten (10) calendar days prior to the hearing on the adoption of this Ordinance to the County Planning Board and to all others entitled pursuant to the provisions of N.J.S.A. 40:55D-15. Upon the adoption of this Ordinance, after public hearing, the Township Clerk is further directed to publish notice of the passage and to file a copy of this Ordinance, as finally adopted, with the Sussex County Planning Board, as required by N.J.S.A. 40:55D-16.

Note: Strikeouts are deletions. Underlines are added material.