(a) Purpose. The purpose and intent of this section is to regulate the growing and dispensing of medical marijuana that is grown in accordance with state law in order to promote the health, safety, morals and general welfare of the residents and businesses within the township. The township is authorized to regulate this activity pursuant to the MMA.
(b) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CUP. A conditional use permit issued by the township in accordance with this code of ordinances
FULLY ENCLOSED AND SECURE STRUCTURE. A space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is secure against unauthorized entry, provides complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors.
GROWING. Defined in accordance with the MMA.
GROWING PERMIT. A permit issued by the Commonwealth of Pennsylvania pursuant to the regulations set forth in the MMA.
GROWING PERMITEE. An applicant who has applied for and has been issued a growing permit by the Commonwealth of Pennsylvania pursuant to the regulations set forth in the MMA.
INDOORS. Within a fully enclosed and secure structure.
MEDICAL MARIJUANA. Also means MEDICAL CANNABIS and shall be defined in accordance with the MMA.
MEDICAL MARIJUANA DISPENSARY. A person, including a natural person, corporation, partnership, association, trust or other entity, or any combination thereof, which is registered by the Department of Health of the Commonwealth of Pennsylvania under the Medical Marijuana Act to dispense medical marijuana. The term does not include a health care medical marijuana organization under Chapter 19 of the Medical Marijuana Act.
MMA. The Act of April 17, 2016 (P.L. 84, No. 16) (35 P.S. §§ 1023.101 through 1023.2110), referred to as the MEDICAL MARIJUANA ACT.
OUTDOORS. Any location within the township that is not within a fully enclosed and secure structure.
(c) Marijuana growing prohibited. All marijuana growing within the township is prohibited except as expressly permitted by this section.
(d) Indoor medical marijuana growing conditionally permitted. Indoor medical marijuana growing is conditionally permitted in the township only as expressly specified in this section.
(1) Indoor medical marijuana growing shall only be allowed upon application and approval of a grower/processor permit issued by the commonwealth and a CUP in accordance with the criteria and process set forth in this section and this code.
(2) Indoor medical marijuana growing is a conditionally permitted use only on properties within the Limited Industrial (LI) Zoning District.
(3) No marijuana growing shall be established, developed or operated within 1,000 feet of the property line of a public, private or parochial school or a day care center. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the indoor medical marijuana growing is, or will be located, to the nearest property line of those uses describe in this subsection (d)(3).
(4) Indoor medical marijuana growing facilities may be located within the same building or structure as a medical marijuana processing facility only if the indoor medical marijuana growing facility is located in separate rooms of the building or structure, and only if the indoor medical marijuana growing facility has its own separate entrance into the building or structure.
(5) Indoor medical marijuana growing is allowed only within fully enclosed and secure structures that are inaccessible to minors.
(6) Indoor medical marijuana growing shall not exceed the square footage authorized pursuant to the CUP.
(7) From any public right-of-way, there shall be no visible exterior evidence of any indoor medical marijuana growing activity.
(8) Indoor medical marijuana growing activity may include growing marijuana plants, harvesting marijuana plants and drying marijuana flowers, but shall not include any extraction procedures to produce concentrated THC, except as may be expressly authorized under the MMA for holders of a grower-processor permit.
(9) Indoor medical marijuana growing shall not adversely affect the health or safety of the nearby residents by creating dust, glare, heat, noise, smoke, traffic, vibration or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.
(10) All indoor medical marijuana growing facilities shall fully comply with all of the applicable restrictions and mandates set forth in the MMA. All indoor medical marijuana growing facilities shall comply with all size requirements for such facilities as imposed by the MMA. Indoor medical marijuana growing facilities shall not engage in any activities not allowed by indoor medical marijuana growing facilities pursuant to state law. All indoor medical marijuana growing facilities shall comply with all horticultural, labeling, processing and other standards required by the MMA.
(11) There is no set restriction on the hours of operation of indoor medical marijuana growing facilities; however, restricted hours of operation may be established as a condition of approval of the CUP.
(12) All medical marijuana shall be kept in a secured manner during all business and nonbusiness hours.
(13) All indoor medical marijuana growing facilities shall operate within a legal structure that is compliant with the MMA as well as all applicable state and local laws.
(14) All indoor medical marijuana growing facilities must pay all applicable sales taxes pursuant to all federal, state and local laws.
(15) On-site smoking, ingestion or consumption of marijuana or alcohol shall be prohibited on the premises of all indoor medical marijuana growing facilities. The term
PREMISES as used in this subsection (d)(15) includes the actual indoor medical marijuana growing building, as well as any accessory structures and parking areas. The indoor medical marijuana growing facility building entrance shall be clearly and legibly posted with a notice indicating that smoking, ingesting or consuming marijuana or alcohol on the premises or in the vicinity of the facility is prohibited.
(16) Signage for all indoor medical marijuana growing facilities shall be limited to name of business only, shall be in compliance with the township’s sign code, and shall contain no advertising of any companies, brands, products, goods or services. Signage shall not include any drug-related symbols.
(17) Alcoholic beverages shall not be sold, stored, distributed or consumed on the premises.
(18) The building in which any indoor medical marijuana growing facility is located, as well as the operations as conducted therein, shall fully comply with all applicable rules, regulations and laws including, but not limited to, zoning and building codes, the township’s business license ordinances, the Revenue and Taxation Code, being 72 P.S. §§ 7101 et seq., the Americans with Disabilities Act, being 42 U.S.C. §§ 12101 et seq. and the MMA. Compliance with all requirements of state law pertaining to indoor marijuana growing is also required.
(19) Indoor medical marijuana growing facilities shall not distribute, sell, dispense or administer marijuana from the facility to the public. Indoor medical marijuana growing facilities shall not be operated as medical marijuana dispensaries.
(20) The operators of all indoor medical marijuana growing facilities shall provide the Township Manager or the Township Manager’s designee with the name, phone number, facsimile number and email address of an on-site representative to whom the township and the public can provide notice if there are any operational problems associated with the indoor medical marijuana growing facility. All indoor medical marijuana growing facilities shall make every good faith effort to encourage residents and the public to call this representative to resolve any operational problems before any calls or complaints are made to the township or law enforcement.
(21) All indoor medical marijuana growing facilities shall be operated in accordance with the conditions of approval associated with the applicable CUP for the parcel of real property upon which the indoor medical marijuana growing activities occur.
(22) All indoor medical marijuana growing facilities shall have a security plan including the following measures.
A. Security cameras shall be installed and maintained in good condition, and used in an on-going manner with at least 120 concurrent hours of digitally recorded documentation in a format approved by the Township Manager or the Township Manager’s designee. The cameras shall be in use 24 hours per day, seven days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, growing areas, all doors and windows and any other areas as determined by the Township Manager or the Township Manager’s designee. Remote log-in information shall be provided to the Township Manager and the Chief of Police to allow them to view the security camera images and recordings from their own facilities at any time. Any disruption in security camera images shall be cured expeditiously in good faith.
B. The indoor medical marijuana growing facility shall be alarmed with an alarm system that is operated and monitored by a reputable security company.
C. Entrance to the growing area, and all storage areas, shall be locked at all times, and under the control the indoor medical marijuana growing facility’s staff.
D. The entrances and all window areas shall be illuminated during evening hours. The facility shall comply with the township’s lighting standards regarding fixture type, wattage, illumination levels, shielding and the like and shall secure the necessary lighting approvals and permits as needed.
E. All windows on the building that houses the indoor medical marijuana growing facility shall be appropriately secured and all marijuana securely stored.
(23) Recordings made by the security cameras shall be made available to the Township Manager, the Township Manager’s designee or law enforcement upon verbal request, no search warrant or subpoena shall be needed to view the recorded materials.
(24) The Township BCO shall have the right to conduct an annual inspection of the facility to observe and enforce compliance with this section and all laws of the township and the state.
(e) Conditional use permit.
(1) All parcels of real property in the LI District upon which indoor medical marijuana growing activities may occur must obtain a CUP from the township for all such activities.
(2) An application for a CUP shall include at least the following information:
A. An estimate of the size of the proposed indoor medical marijuana growing facility;
B. The address of the location for which the CUP is sought;
C. A site plan and floor plan for the proposed premises denoting the use of all areas on the premises, including storage, growing areas, lighting, signage and the like;
D. A proposed security plan in compliance with the MMA;
E. The name and address of the owner and lessor of the real property upon which the indoor medical marijuana growing activity is proposed to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied with a notarized acknowledgment from the owner of the property that an indoor medical marijuana growing facility will be operated on the property; and
F. Evidence that the indoor medical marijuana growing facility will be located in a legal structure that is compliant with MMA.
(f) Enforcement.
(1) Any marijuana growing within the township in violation of this section is hereby declared to be unlawful and a public nuisance.
(2) Any party who engages in a violation of this section, or who owns, possess, controls or has charge of any parcel of real property in the township upon which a violation of the section is maintained, shall be subject to the penalties and remedies provided by this section.
(3) Any violation of this section shall constitute a separate offense for each and every day the violation occurs or persists.
(4) Any person in violation of any provision of this section shall be guilty of a misdemeanor and shall be punishable by a fine of up to $1,000 and up to six months imprisonment per offense.
(5) Any person in violation of any provision of this section shall be punishable by an administrative fine of up to a $1,000 per offense.
(g) Medical marijuana sales/dispensary conditionally permitted. A medical marijuana dispensary facility is conditionally permitted in the township in the Commercial District only.
(1) A medical marijuana dispensary facility shall have a single secure public entrance and shall implement appropriate security measures in accordance with policies of the Department of Health of the commonwealth to deter and prevent unauthorized entrance to areas containing medical marijuana.
(2) A dispensary facility shall not be located within 1,000 feet of the boundary of any public, private and parochial school and day care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the dispensary is located, to the closest property line of the protected use.
(3) A dispensary facility shall be a minimum distance of 1,000 feet from the next nearest medical marijuana dispensary facility, measured along a straight line between the closest walls of each of the two facilities.
(Ord. 962, passed 2-8-2017; Ord. 972, passed 9-20-2017)