Title
Dept/ Agency: Economic and Housing Development
Action: ( ) Ratifying (X) Authorizing ( ) Amending
Type of Service: Referral of Proposed Ordinance Amending Zoning and Land Use Regulation Plan to Central Planning Board
Purpose: Resolution referring the draft proposed ordinance amending Zoning and Land Use Regulations to the Newark 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.
Name of Plan: Cannabis Zoning Amendment
(Address/Block/Lot/Ward)
Additional Information:
body
WHEREAS, N.J.S.A. 24:6I-1 known as the “New Jersey Compassionate Use Medical Marijuana Act” authorizes the medical use of marijuana and authorizes the creation of Medical Marijuana Alternative Treatment Centers (ATC) throughout the State of New Jersey; and
WHEREAS, the regulation of marijuana, such as authorizing Medical Marijuana Alternative Treatment Centers (ATC) touches and concerns the nature and extent of the uses of land, buildings, and structures thereon; 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, has drafted proposed amendments to the City’s Zoning Ordinance, which adopts a definition of medical use of marijuana and establishes minimum land use requirements for medical marijuana dispensary activities; and
WHEREAS, controlling the manufacture, distribution, and sale of medical marijuana is of paramount concern the Municipal Council and must be designed in such a way that strengthens our ability to keep Cannabis away from minors; and
WHEREAS, a controlled system of Cannabis manufacturing, distribution, and sale must be designed in a way that enhances public health and minimizes harms to local communities and families; and
WHEREAS, the Municipal Council seeks to alleviate the tremendous burden placed on Newark residents who utilize medical marijuana as a means of treatment from traveling miles to secure that treatment; 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 Newark Central Planning Board (the “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 draft 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 draft 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 Newark 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 Newark 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 draft 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 draft proposed ordinance, amending the City of Newark’s Zoning and Land Use Regulations, by establishing permitted Medical Cannabis Dispensary Zones, to the Newark Central Planning Board for review and recommendation in accordance with N.J.S.A. 40:55D-64.
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