Borough of Emmaus, PA
Lehigh County
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[Ord. 1153, 2/6/2017]
The purpose of this Part is to establish a process and standards for the establishment, construction, and operations of medical marijuana facilities, pursuant to the Pennsylvania Medical Marijuana Act (PA Act 16, 2016)[1] to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals, and general welfare.
[1]
Editor's Note: See 35 P.S. § 10231.101 et seq.
[Ord. 1153, 2/6/2017]
1. 
Academic clinical research centers are permitted in the Light Industrial (I-L) Zoning District, subject to the applicable performance standards found in § 27-1104, Subsection 1A, of this Part.
2. 
Medical marijuana growers/processors permitted in the Light Industrial (I-L) Zoning District, subject to the applicable performance standards found in § 27-1104, Subsection 1B, of this Part.
3. 
Medical marijuana transport vehicle offices are permitted in the Light-Industrial (I-L) Zoning District, subject to the applicable performance standards found in § 27-1104, Subsection 1C, of this Part.
4. 
Medical marijuana dispensaries are permitted in the Limited Commercial (B-L), Highway Commercial (B-H), (Light Industrial) I-L and Central Commercial (B-C) Zoning Districts (the latter by special exception), subject to the applicable performance standards found in § 27-1104, Subsection 1D, of this Part.
[Ord. 1153, 2/6/2017]
See Chapter 27, Part 2, Definitions, § 27-202, Terms Defined, of this chapter of the Emmaus Borough Code.
[Ord. 1153, 2/6/2017]
1. 
The following performance standards will be incorporated into Chapter 27, Zoning, of the Emmaus Borough Code.
A. 
Academic Clinical Research Center.
(1) 
Parking requirements will follow the parking schedule found in Part 6, Table 6.1, Off-Street Parking Requirements, of this chapter, and/or as listed for colleges, universities, technical or fine arts schools, as appropriate.
(2) 
An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance, and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
(3) 
All external lighting serving an academic clinical research center must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(4) 
A buffer to include a solid, nontransparent fence with a height of six feet from ground to peak is required where a medical marijuana academic clinical research center adjoins a residential use or district.
(5) 
The clear sight triangle found in Part 8, § 27-803, Subsection 3, of this chapter must be provided and maintained.
(6) 
The access drive/driveway must be designed and improved to the standard expressly described in Part 6, § 27-603, Subsection 4, of this chapter.
B. 
Medical Marijuana Grower/Processor.
(1) 
A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
(2) 
The floor area of a medical marijuana grower/processor shall not exceed 20,000 square feet and shall include space for production, secure storage of marijuana seeds, related finished product, and marijuana-related materials and equipment used in production and cultivation or for required laboratory testing.
(3) 
There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.
(4) 
Marijuana remnants and byproducts shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.
(5) 
The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.
(6) 
Growers/processors may not locate within 1,000 feet of the property line of a public, private, or parochial school or day-care center.
(7) 
Parking requirements will follow the parking schedule found in Part 6, Table 6.1, of this chapter.
(8) 
A buffer to include a solid, nontransparent fence with a height of six feet from ground to peak is required where a medical marijuana grower/processor adjoins a residential use or district.
(9) 
Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(a) 
Each point of access or driveway shall be subject to an appropriate highway occupancy permit.
(b) 
The clear sight triangle found in Part 8, § 27-803, Subsection 3, of this chapter must be provided and maintained.
(c) 
The access drive/driveway must be designed and improved to the standard expressly described in Part 6, § 27-603, Subsection 4, of this chapter.
(10) 
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
C. 
Medical Marijuana Transport Vehicle Service.
(1) 
A traffic impact study is required when an office is operated.
(2) 
Parking requirements will follow the parking schedule found in Part 6, Table 6.1, Off-Street Parking Requirements, of this chapter.
(3) 
All external lighting serving a medical marijuana transport vehicle service must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(4) 
A buffer to include a solid, nontransparent fence with a height of six feet from ground to peak is required where a medical marijuana transport vehicle service adjoins a residential use or district.
(5) 
Entrances and driveways to a medical marijuana transport vehicle service must be designed to accommodate the anticipated vehicles used to enter and exit the premises.
(a) 
All accesses must secure the appropriate highway occupancy permit.
(b) 
The clear sight triangle found in Part 8, § 27-803, Subsection 3, of this chapter must be considered and maintained.
(c) 
The driveway must be designed and improved to the standards expressly described in Part 6, § 27-603, Subsection 4, of this chapter.
(6) 
If for some reason a medical marijuana product is to be temporarily stored at a medical transport vehicle service facility, the facility must be secured to the same level as a medical marijuana grower/producer and dispensary.
(7) 
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
D. 
Medical Marijuana Dispensary.
(1) 
A medical marijuana dispensary must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.
(2) 
A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and shall not be located in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle, or other motor vehicle.
(3) 
A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.
(4) 
Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.
(5) 
Permitted hours of operation of a dispensary shall be no earlier than 8:00 a.m. to no later than 8:00 p.m. (of the same calendar day).
(6) 
A medical marijuana dispensary shall be no greater than 3,000 gross square feet, of which no more than 500 square feet shall be used for secure storage of product, and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.
(7) 
A medical marijuana dispensary shall:
(a) 
Have no drive-through service;
(b) 
Not have outdoor seating areas;
(c) 
Not have outdoor vending machines;
(d) 
Prohibit the administering of, or the consumption of, medical marijuana on the premises; and
(e) 
Not offer delivery service.
(8) 
A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.
(9) 
A medical marijuana dispensary may not be located within 1,000 feet of the property line of a public, private or parochial school or a 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 business is conducted, or proposed to be conducted, to the closest property line of the protected use, regardless of the municipality in which it is located.
(10) 
A medical marijuana dispensary shall be a minimum of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of the municipality in which they are located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.
(11) 
Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private, or parochial school or a day-care center.
(12) 
All external lighting serving a medical marijuana dispensary must be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.
(13) 
Parking requirements shall follow the parking schedule found in Part 6, Table 6.1, Off-Street Parking Requirements, of this chapter, as listed for medical and dental offices, including outpatient clinics.
(14) 
A buffer to include a solid, nontransparent fence with a height of six feet from ground to peak is required where a medical marijuana dispensary adjoins a residential use or district.
(15) 
Entrances and driveways to a medical marijuana dispensary must be designed to accommodate the anticipated vehicles used to service the facility.
(a) 
All accesses must secure the appropriate highway occupancy permit.
(b) 
The clear sight triangle found in Part 8, § 27-803, Subsection 3, of this chapter must be considered and maintained.
(c) 
The driveway must be designed and improved to the standards expressly described in Part 6, § 27-603, Subsection 4, of this chapter.
(16) 
Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.
[Ord. 1153, 2/6/2017]
1. 
Building and Zoning Permits/Approvals.
A. 
A zoning permit shall be required prior to obtaining a building permit: for the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.
B. 
The (municipal) zoning permit application must be completed.
C. 
Permit fees shall be as stipulated in the fee schedule adopted by resolution of the municipal governing body in effect at the time of application.
D. 
Permits may be denied if the applicant, in the reasonable opinion of the municipal governing body or its appointed designee, is failing to comply with any state or local law or regulation.
E. 
In the case of new construction meeting the Pennsylvania Municipalities Planning Code definition of "land development," a plan application is required to be submitted and an approval secured, prior to establishment of use.
F. 
If the application is to change the use of the building, or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.
G. 
A medical marijuana grower/processor must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.
[Ord. 1153, 2/6/2017]
Any owner, operator, or other person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, pay the Borough of Emmaus a fine of not more than $500, plus all court costs, including but not limited to reasonable attorney's fees incurred by the Borough of Emmaus on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Borough of Emmaus may enforce the judgment as provided by the law. Each fine imposed shall be multiplied by the number of such days and may be charged and collected by the Borough of Emmaus without further judicial proceedings. Further, the appropriate officers or agents of the Borough of Emmaus are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunctions, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Borough of Emmaus. A person who violates this Part shall also be responsible for the Borough of Emmaus attorney's fees, engineering fees, expert fees, and court costs reasonably incurred by the Borough of Emmaus on account of such violation.