Where a cannabis business can be will be decided by West Milford Council vote on March 16

A crowd of about 70 attended the March 3 West Milford Planning Board meeting, as the board reconsidered a proposed ordinance expanding zones where cannabis businesses can locate to all non-residential zones. As requested earlier by the Township of West Milford Council, the board took another look at the change that Council passage of Ordinance 2022-007 would make. The council will consider passage of the ordinance at their March 16 meeting. The original ordinance designating certain zones where cannabis sales would be allowed remains in effect since its adoption last year.

Public Interest and emotions were high as people made their opposition to council passage of the ordinance obvious. After individuals filled every seat in the meeting room, others stood, squeezing into every available open space as they listened to the board’s discussion.

The board responsibilities include developing and maintaining the township master plan, the document that guides the land uses and development of the township. The members can develop, maintain and recommend changes as may be necessary to the township official zoning map.

On Thursday night the board members agreed that the Ordinance 2022-007 amending Chapter 500 is in accord with the township’s Master Plan. This is the board’s job. It does not approve or reject ordinances but addresses contents of these proposed legal documents and advises the township council of their findings.

At a Council workshop on Feb. 2 there was discussion to see if the council had interest in making the cannabis business a permitted use rather than a conditional use. That way it would bypass the Panning Board and businesses would only have to get zoning approval. The other requirements would remain the same. Councilman Warren Gross indicated that the goal was to streamline things.

One issue that is now being discussed frequently both in meetings of various local official government bodies and on the street is the proximity of schools to places where cannabis products are sold.

In connection with the cannabis topic, the definition of “day care facilities” and “schools” are often part of the conversation, since there is already a council approved cannabis retail business in West Milford near a location where children spend their day. The definition of what constitutes a “school” came up at the board meeting. There must be state certification for designation of a facility as a “school;” otherwise it is a “day care center,” according to state of New Jersey law, Board Attorney Thomas J. Germanario and other officials said.

Ordinance 2022-015, introduced at the March 2 meeting, creates a new section of the Code entitled “Measurement and Buffering,” for measuring distances between eligible locations for cannabis businesses within the township. The date for public hearing and final passage of this ordinance is April 6.