Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Referral of Proposed Ordinance to the Central Planning Board for Formal Review
Purpose: Resolution referring the proposed ordinance amending Zoning and Land Use Regulations to the Central Planning Board for formal review, report, and recommendation as required by N.J.S.A. 40:55D-26 and N.J.S.A. 40:55D-64.
Additional Information:
To amend the City of Newark’s Zoning and Land Use Regulations, by establishing permitted marijuana retail sale zones, to the Central Planning Board for review and recommendation in accordance with N.J.S.A. 40:55D-64.
A copy of the proposed ordinance is attached as Schedule A.
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WHEREAS, the enforcement of marijuana laws has led to the unequal treatment and targeting of minority communities and has contributed to the mass incarceration of Black and Brown people in New Jersey and throughout the country; and
WHEREAS, the regulation of a controlled form of marijuana called “cannabis” impacts the nature and extent of the uses of land, buildings, and structures thereon; and
WHEREAS, during the upcoming November 3, 2020 elections, a ballot measure will be considered that will amend the New Jersey State Constitution to legalize the recreational use of marijuana for persons, age 21 and older, and legalize the cultivation, processing, and sale of retail marijuana; and
WHEREAS, if passed, the constitutional amendment would take effect on January 1, 2021 and allow the five (5) member Cannabis Regulatory Commission (CRC), which was first established to oversee the State’s medical-marijuana program, to be responsible for regulating the cultivation, processing, and sale of recreational marijuana; and
WHEREAS, the constitutional amendment would apply the State sales tax (6.625%) to recreational marijuana, but prohibit additional State sale taxes and authorize the State legislature to allow local governments to enact an additional two percent (2%) sales tax on recreational marijuana; and
WHEREAS, the Municipal Council finds it prudent and proactive to investigate the impact of marijuana legalization on the City of Newark (the “City”) and propose amendments to Newark’s Zoning and Land Use Regulations; and
WHEREAS, regulating the manufacture, distribution, and sale of marijuana is of paramount concern to the Municipal Council and must be designed in such a way that strengthens our ability to keep marijuana away from minors; and
WHEREAS, a controlled system of marijuana manufacturing, distribution, and sale must be designed in a way that enhances public health and minimizes potential harm to Newark families; and
WHEREAS, the Municipal Council seeks to regulate a legalized marijuana market and industry in the City to allow for stringent quality control and best practices, better ensuring a safer product than an unregulated market in order to promote public health and safety; and
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-62, may adopt or amend a zoning ordinance relating to the nature and extent of the uses of land and of buildings and structures thereon; and
WHEREAS, the Municipal Council, through the Department of Economic and Housing Development drafted proposed amendments to the City’s Zoning Ordinance, which adopts a definition of marijuana or “cannabis” and establishes minimum land use requirements for marijuana retail sale activities; and
WHEREAS, pursuant to N.J.S.A. 40:55D-64, prior to the hearing on the adoption of a zoning ordinance, or any amendments thereto, the Governing Body shall refer any such proposed ordinance or amendment to the Central Planning Board for formal review, report, and recommendation as required by N.J.S.A. 40:55D-26; and
WHEREAS, the Municipal Council, pursuant to N.J.S.A. 40:55D-64, wishes to refer the proposed ordinance amendment to the Central Planning Board for formal review, report, and recommendation as required by N.J.S.A. 40:55D-26.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
1. Pursuant to N.J.S.A. 40:55D-64, the Municipal Council hereby refers the proposed ordinance amending the zoning ordinance, attached as Schedule A, which established Permitted Uses, to the Central Planning Board for formal review, report, and recommendation as required by N.J.S.A. 40:55D-26.
2. The Central Planning Board shall submit, to the Municipal Council, a report within thirty-five (35) days after referral, which includes identification of any provisions which are inconsistent with the Master Plan and recommendations concerning any such inconsistencies, as well as any other matter as it deems appropriate in accordance with N.J.S.A. 40:55D-64 and for specific review by the Central Planning Board and report to the Municipal Council as to whether said amendment is substantially consistent with the Land Use Elements of the Master Plan or designed to effectuate such a Plan in accordance with N.J.S.A. 40:55D-62.
3. A copy of this resolution and the proposed ordinance amendment shall be filed with the Office of the City Clerk by the Deputy Mayor/Director of the Department of Economic and Housing Development.
4. This resolution shall take effect immediately.
STATEMENT
This resolution refers a proposed ordinance, amending the City of Newark’s Zoning and Land Use Regulations, by establishing permitted marijuana retail sale zones, to the Central Planning Board for review and recommendation in accordance with N.J.S.A. 40:55D-64.