cannabis In a proposed ordinance that would limit cannabis businesses in the borough to four, two in each of two types of business, the Mayor and Council postponed introduction of the code pending possible changes after this week’s meeting of the Atlantic Highlands Mayor and Council.
Listed on the agenda for a workshop discussion, Mayor Lori Hohenleitner noted the discussion would be open to the public and invited those present and appearing via zoom to ask questions or offer input after borough attorney Peg Schaefer read from the proposed ordinance and explained some of the restrictions in it.
After a public session that lasted approximately half an hour, the majority of council voted to withhold the introduction until further discussion among groups of council members. No dates for possible introduction nor future meeting for either executive or public sessions were mentioned.
Schaefer gave some history of cannabis discussion in the past, noting that like many municipalities Atlantic Highlands banned all cannabis in 2021 .
Councilwoman Eileen Cusack is now chairman of the committee that had been established and been active before she became a council member. Discussions at the committee meetings continued, Cusick said at this week’s meeting, and many local residents have worked on a variety of proposals before the proposed ordinance under discussion was finalized for presentation.
Under what was proposed this week, the borough’s ordinance would permit two manufacturing facilities as well as two dispensaries and would restrict the areas in which any of the four businesses would be located. None would be within 1,000 feet of the elementary school and none, including the dispensaries, would have frontage on First Ave.
The dispensaries could be located in the central, light industrial or historic business zones, and the manufacturing businesses could be in the light industrial or historic zones.
There would be no consumption areas, and all signs, only one per business, would be restricted to no larger than 12 square feet. Colors on the exterior of the building would have to be muted and in accordance with the area, with no visible exterior signs of the product being sold within the doors. The business name, without obvious reference to marijuana or cannabis is permitted.
A Cannabis Committee would be established consisting of a representative of the borough administrator and of the Police Chief, along with three other members. All would be appointed by the Mayor and would have staggered terms of three years each.
All applications would also have to go before the planning board for its approval before any action could be taken. It would be up to the applicant to determine whether he wanted to seek council or planning approval first.
Square footage for the manufacturing facilities would meet the same requirements as set in borough codes for any manufacturing facility.
Council members rejected Councilman Jon Crowley’s suggestion that for the one or two dispensary businesses that could be approved, there should be a stipulation that customers be limited to appointment only purchases for the first 30 or 60 days to get a better determination on how the business fits in the community.
Schaefer said such a requirement could not be included, terming it unconstitutional to require something different for one particular type of business , in spite of Schaefer’s statement, Crowley indicated that he has seen it be effective in other municipalities.
Parking would also be the same for these businesses as any other in the borough, including use of the municipal parking lot should that be within the stipulated distance for parking for a business.
In response to questions from council members, the borough attorney did also explain that deliveries from outside the municipality cannot be determined by this or any other code, as the borough can have no regulation over outside deliveries’
Local resident Mark Fisher, who indicated he is not opposed to business did express the opinion that permitting up to four facilities appears to be too much for a town approximately a mile square.
He also suggested that before any public hearing is had on any cannabis ordinance, the borough provide a map that shows specifically where boundaries are There as discussion as to whether 1,000 feet distance from the elementary school is measured from the front door of the school or the curbside boundary of school property. There are no requirements for distances from places of public worship or municipal parks.
Residents Morgan Spicer pointed out that the borough could receive great financial gains from successful cannabis dispensaries which would provide assistance in the municipal tax rate for all residents and added it would seem silly not to invest in such a possibility
After deciding not to introduce the ordinance at this week’s meeting, the mayor invited anyone with ides or thoughts on the four proposed businesses to either communicate them to the borough office or send them to her at mayor@ahnj.com for all could be reviewed before the ordinance is introduced. The public will also have the opportunity to express opinions on the businesses at a public hearing held once a proposed ordinance is introduced and held for a second reading and final approval.
