By BILL BARLOW/Special to the Sentinel
UPPER TOWNSHIP – Upper Township Committee moved to ban all cannabis businesses with a zoning ordinance introduced Monday, April 12.
Committee members were unanimous for the zoning amendment, which will need to be reviewed by the township Planning Board before returning for a public hearing and final vote May 10.
At the same time, the township introduced another ordinance, also set for a final vote in May, which would include smoking marijuana and cannabis vaping in the township’s restrictions on smoking in public places including parks and playgrounds. The township joins several other Cape May County communities in limiting public consumption since New Jersey legalized the substance earlier this year.
“This is a police ordinance. It does not have to go to the Planning Board,” said township attorney Daniel Young. The zoning change will require the Planning Board to review whether it is consistent with the master plan, a step that will likely require a special meeting. But the ban on smoking in public spaces can be approved by the committee alone.
Although Young described it as a police ordinance, that does not mean someone would be arrested if caught with marijuana at a park. If the person were smoking it on public land, that person would face a fine similar to someone smoking a cigarette or cigar.
The state law allows individuals to have up to 6 ounces of cannabis or its equivalent in concentrates or edibles, and up to 10 ounces at home. While Ocean City, Upper Township and several other municipalities move to keep dispensaries out of their communities, as several attorneys have pointed out they will not be able to prevent residents from bringing marijuana in or having it delivered to their homes.
The state law created the Cannabis Regulatory Commission, which will create the framework for a legal marijuana market in New Jersey for those over 21, including how dispensaries will be licensed. The first legal sales may not take place until 2022. That commission held its first meeting on Monday, April 12.
Ocean Drive shored up
Township Committee members also discussed county work to shore up an eroded section of Ocean Drive between Ocean City and Strathmere, where crews working on a county contract have placed rocks between the water and the roadway.
Committeeman Curtis Corson said the county placed about 140 feet of stone there.
“The immediate threat is taken away. It’s going to be probably an ongoing thing that we need to keep an eye on,” he said.
Tuckahoe traffic
Committee members also discussed traffic speeds along Route 50 in the Tuckahoe downtown, in response to a request from a resident.
Township engineer Paul Dietrich pointed out that the township had already looked at this issue. The township has a pedestrian crossing sign, which he said was never put into place, but added that there is already a pedestrian crossing sign at the crosswalk.
“I thought the state was going to put a lighted one out there,” said Committeeman John Coggins.
“Yeah, and then they sent us a bill for how much it was going to be and the committee said ‘No, thank you,’” Dietrich said.
In May of 2019, the last time the issue was discussed in depth, Dietrich reported to committee that the state Department of Transportation has agreed to study pedestrian safety in the shopping district of Tuckahoe. He reported that the state was willing to begin engineering work on creating lighted crosswalks for the area, at a cost of about $100,000. He said the state wanted assurance that the township would be willing to cover the local share of that cost, about $25,000. At the time, committee members balked at that price.
It could not hurt to ask again, members of committee suggested.
“There’s no prohibition against asking the same question again,” Young told committee members.
Corson suggested reaching out to the State Police as well.
“Last year they were pretty hot and heavy down there, and did a lot of enforcement,” he said. Township manager Scott Morgan said the troopers have been responsive to similar requests.
Morgan included an update on COVID-19 in his report to committee members, what has become a regular part of the meetings. According to his report, Cape May County has the second highest percentage of vaccinated senior citizens in New Jersey.
He reported 8,140 cases of COVID-19 in Cape May County, with most of those off quarantine. There have been 199 deaths in Cape May County, he said.
“We had no (new) active cases reported in Upper today,” said Mayor Rich Palombo. “And as of today we only have 18 active cases.”
He said that is the lowest number of active cases that he’s seen in Upper Township in a year.
“I think that’s a great sign to see that things are really starting to spin our way,” he said. He described New Jersey as struggling, but said people in Cape May County are more likely to wear masks and get vaccinated.
“You’re correct, mayor. The numbers are consistently dropping and it is excellent news,” said Morgan.
The meeting was held remotely, as the township meetings have been consistently for more than a year.
