City of Chicopee, MA Additional Regulations

To provide for the establishment of medical marijuana facilities in appropriate places and under strict conditions in accordance with the passage of the Acts of 2012, Chapter 369, entitled "An Act for the Humanitarian Use of Marijuana."

To minimize the adverse impacts of medical marijuana facilities on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said facilities.

To regulate the siting, design, placement, safety, monitoring, modification, and removal of medical marijuana facilities.

Applicability.

The cultivation (unless it meets the requirements for an agricultural exemption under MGL c. 40A, § 3), production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana facility under this section.

No medical marijuana facility shall be established except in compliance with the provisions of this section.

Nothing in this section shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs.

MARIJUANA FOR MEDICAL USE

If any provision of this section or the application of any such provision to any person or circumstance shall be held invalid, the remainder of this section, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and to this end the provisions of this section are severable.

Definitions. As used in this section, the following terms shall have the meanings indicated:

MARIJUANA

The same substance defined as "marihuana" under MGL, c. 94c.

Marijuana that is designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions, as set forth in the Acts of 2012, Chapter 369, entitled "An Act for the Humanitarian Use of Marijuana."

MEDICAL MARIJUANA FACILITY

A facility for the cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use, located inside a structure or building.

Eligible locations for medical marijuana facilities.

Medical marijuana facilities, other than agricultural operations meeting exemption standards under MGL c. 40A, § 3, may be allowed by special permit of the Chicopee City Council in the Industrial Zoning District, provided the facility otherwise meets the requirements of this section.

General requirements and conditions for all medical marijuana facilities.

All nonexempt medical marijuana facilities shall be contained within a building or structure.

Medical marijuana facility size or gross floor area shall be determined or delineated by the special permit granting authority. If no such delineation is made, the facility shall not exceed 50,000 square feet.

A medical marijuana facility may not be located in buildings that contain any medical doctor's offices or the offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

The hours of operation of medical marijuana facilities shall be set by the special permit granting authority, but in no event shall said facilities be open and/or operating between the hours of 8:00 p.m. and 8:00 a.m.

No medical marijuana facility shall be located within 300 feet of any residence or residential zoning district. This includes overlay zoning districts that allow residential uses, provided that a permit for residential use has been approved prior to the application for a medical marijuana facility special permit.

No medical marijuana facility shall be located within 1,000 feet of any of the following preexisting structures or uses:

Any school attended by children under the age of 18;

Any licensed child care facility;

Any drug or alcohol rehabilitation facility;

Any correctional facility, halfway house, or similar facility;

Any other medical marijuana facility.

No medical marijuana facility shall be located within 500 feet of the following preexisting structures or uses:

Any church;

Any park;

Any playground;

Any play field;

Any youth center; or

Any other location where groups of minors regularly congregate.

(8)

No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a medical marijuana facility.

(9)

No medical marijuana facility shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.

(10)

Signage for the medical marijuana facility shall include the following language: "Registration card issued by the MA Department of Public Health required." The required text shall be a minimum of two inches in height.

(11)

Medical marijuana facilities shall provide the Chicopee Police Department and Building Commissioner with the names, phone numbers and email addresses of all management staff and keyholders to whom one can provide notice if there are operating problems associated with the establishment.

Special permit requirements.

A medical marijuana facility may only be allowed by special permit from the Chicopee City Council in accordance with MGL c. 40A, § 9, subject to the following statements, regulations, requirements, conditions and limitations.

A special permit for a medical marijuana facility shall be limited to one or more of the following uses that shall be prescribed by the special permit granting authority:

Cultivation of marijuana for medical use (horticulture) (special permit not required for sites meeting agricultural exemption standards found in MGL c. 40A, § 3);

Processing and packaging of marijuana for medical use, including marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;

Retail sale or distribution of marijuana for medical use to qualifying patients;

Wholesale sale of marijuana for medical use to other medical marijuana facilities located in Chicopee or in another municipality in Massachusetts or elsewhere.

In addition to the application requirements set forth in Subsections E and F of this section, a special permit application for a medical marijuana facility shall include the following:

The name and address of each owner of the facility;

Copies of all required licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies for the facility;

Evidence of the applicant's right to use the site or structure, such as a deed or lease;

If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly situated individuals and entities and their addresses. If any of the above are entities rather than persons, the applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;

A certified list of all parties in interest entitled to notice of the hearing for the special permit application, taken from the most recent tax list of the City of Chicopee and certified by the office of the Assessor;

Proposed security measures for the medical marijuana facility, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft.

Mandatory findings. The special permit granting authority shall not issue a special permit for a medical marijuana facility unless it finds that:

The facility is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c.40A, § 11;

The Massachusetts Department of Public Health (DPH) has approved the applicant's Phase 1 application.

The applicant has satisfied all of the conditions and requirements of Subsections E and F herein; and

The applicant has satisfied all of the special permit requirements as outlined in Chapter 275 of the Ordinances of the City of Chicopee.

Annual reporting. Each medical marijuana facility permitted under this section shall, as a condition of its special permit, file an annual report to and appear before the special permit granting authority no later than January 31, providing a copy of all current applicable state licenses for the facility and/or its owners.

A special permit granted under this section shall have a term limited to the duration of the applicant's ownership of the premises as a medical marijuana facility. A special permit granted under this section shall run with the applicant only and may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit along with all information required in this section.

Any violation of this section shall be grounds for revocation of a special permit issued under this section.

Waiver.

The City Council, when granting a special permit under this section, may waive setback requirements as outlined in Subsection E above, provided the applicant submits its request in writing and can demonstrate the proposed site will not have an adverse effect upon the surrounding neighborhood. The City Council reserves the authority to require the applicant to produce necessary documentation to support its position. Further, a waiver of setback requirements shall require both the affirmative vote of 3/4 of all of the members of the City Council and shall require a separate vote apart from the main vote on the proposed site.

Abandonment or discontinuance of use.

A special permit granted under this section shall lapse if not exercised within one year of issuance.

A medical marijuana facility shall be required to remove all material, plants equipment and other paraphernalia:

Prior to surrendering its state-issued licenses or permits; and

Within six months of ceasing operations.

§ 275-71 Renewable energy.

[Added 6-20-2017 by Ord. No. 17-27]

Definitions. As used in this section, the following terms shall have the meanings indicated:

SITE PLAN REVIEW AUTHORITY

General definitions:

ADVERSE VISUAL IMPACT

When an undertaking alters, directly or indirectly, the viewshed from a property in a manner that would diminish that property's perceived value.

Refers to the body of local government designated by the municipality to review site plans. For the City of Chicopee, the Site Plan Review Advisory Committee (SPRAC) serves as the site plan review authority.

SPECIAL PERMIT GRANTING AUTHORITY

A body of local government designated by the municipality to grant special permits. In the City of Chicopee, the City Council holds such authority.

ZONING ENFORCEMENT AUTHORITY

The board charged with enforcing the zoning bylaws. For the City of Chicopee, the Building Commissioner serves as the zoning enforcement authority.

PHOTOVOLTAIC SYSTEM (also referred to as PHOTOVOLTAIC INSTALLATION)

Definitions (photovoltaic systems):

GREENFIELD

An area of agricultural or forest land, or some other undeveloped site.

An active solar energy system that converts solar energy directly into electricity.

RATED NAMEPLATE CAPACITY

The maximum rated output of electric power production of the photovoltaic system in watts of direct current (DC).

SOLAR ENERGY

Radiant energy received from the sun that can be collected in the form of heat or light by a solar collector.

SOLAR ENERGY SYSTEM, GRID-INTERTIE

A photovoltaic system that is connected to an electric circuit served by an electric utility.

SOLAR ENERGY SYSTEM, GROUND-MOUNTED

An active solar energy system that is structurally mounted to the ground and is not roof-mounted; it may be of any size (small-, medium- or large-scale).

SOLAR ENERGY SYSTEM, LARGE-SCALE

An active solar energy system that occupies more than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 250kW DC or greater).

SOLAR ENERGY SYSTEM, MEDIUM-SCALE

An active solar energy system that occupies more than 1,750 but less than 40,000 square feet of surface area (equivalent to a rated nameplate capacity of about 10250 kW DC).

SOLAR ENERGY SYSTEM, OFF-GRID

A photovoltaic solar energy system in which the circuits energized by the solar energy system are not electrically connected in any way to electric circuits that are served by an electric utility.

SOLAR ENERGY SYSTEM, ROOF-MOUNTED

An active solar energy system that is structurally mounted to the roof of a building or structure; it may be of any size (small-, medium- or large-scale).

SOLAR ENERGY SYSTEM, SMALL-SCALE

An active solar energy system that occupies 1,750 square feet of surface area or less (equivalent to a rated nameplate capacity of about 10 kW DC or less).

BUILDING-INTEGRATED WIND ENERGY SYSTEM

Definitions (wind systems):

A building-mounted wind energy conversion system that has a manufacturer's rating of 10 kW or less and projects no more than 15 feet above the highest point on the roof and shall not be considered a small wind energy system in terms of area and setback requirements. This definition also covers, for the purposes of this zoning provision, other wind energy systems primarily used for land-based applications which may be permanently mounted and operated on a building.

UTILITY-SCALE WIND ENERGY FACILITY

A commercial wind energy facility, where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.

WIND ENERGY FACILITY

All of the equipment, machinery and structures together utilized to convert wind to electricity. This includes, but is not limited to, developer-owned electrical equipment, storage, collection and supply equipment, service and access roads, and one or more wind turbines.

WIND TURBINE

A device that converts kinetic wind energy into rotational energy to drive an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.

Purpose. The purpose of this section is to:

Promote the use of renewable energy systems, including the creation of new large-scale ground-mounted solar photovoltaic installations and wind energy facilities.

Provide standards for the placement, design, construction, operation, monitoring, modification and removal of such installations that address public safety and minimize impacts on scenic, natural and historic resources and residential viewsheds.

Ensure adequate financial assurance for the eventual decommissioning of such facilities.

Applicability.

All renewable energy installations shall be installed in compliance with the requirements of this section of the Chicopee City Code, state and federal law, and the standards and procedures established by Chicopee Electric Light (CEL) or Western Massachusetts Electric Company (WMECO). This requirement pertains to physical modifications that alter the type, configuration or size of installations pre-existing this section and those installations permitted in accordance with this section. This section also pertains to physical modifications that materially alter the type, configuration or size of these installations or related equipment.

Nothing in this section should be construed to prevent the installation of accessory roof-mounted solar photovoltaic installations.

Process. The following identifies those uses that are allowable and those that may be allowed only by special permit. The City Council is the special permit granting authority in accordance with Chicopee City Code, § 275-9. The construction and operation of all solar photovoltaic installations and wind energy facilities shall be consistent with all applicable local, state and federal requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation or wind energy facility shall be constructed in accordance with the State Building Code.

Utility notification.

For installations that do not require a special permit: Prior to issuance of a building and/or electrical permit, the installation owner or operator must enter into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements.

For installations requiring a special permit: No special permit applications shall be accepted unless installation owners provide written proof that they have notified the utility company that operates the electrical grid for which the installation connection is proposed.

Solar.

Production for on-site use. The following conditions shall apply to all installations designed to convert solar energy into a power source for residential, commercial, business and industrial uses where the primary purpose of the system is to generate power for those uses. These uses are permitted in any zoning district within the City.

Visual impact: All solar conversion installations shall be designed and located to minimize adverse visual impacts, defined as "an undertaking that alters directly or indirectly the viewshed from a property in a manner that would diminish that property's perceived value." Adverse visual impacts can be mitigated through a variety of actions in design, construction and maintenance. The removal of the natural or existing vegetation is the single most noticeable visual impact of a project and shall be held to a minimum to achieve community acceptance. Clearing only what vegetation is necessary for the construction can eliminate or reduce the need to mitigate. However, proper sight distances, clear zones and horizontal clearance requirements must be considered. All abutting property shall be visually screened from the project through any one or a combination of the following: location, distance, plantings, existing vegetation (located on the same parcel as the installation) and fencing (not to exceed six feet).

Pole-mounted installations: If solar conversion installations are mounted on a pole or other apparatus separate from a principal or accessory structure, said apparatus must comply with accessory structure regulations within their respective zoning districts and be set back from adjoining property lot lines at a ratio of one foot of apparatus height to 0.5 foot of setback or a minimum of the underlying setback requirement.

Rooftop installations: Rooftop solar conversion installations that are not flush-mounted must not exceed the overall building height limits of the underlying district. Height is measured to the highest protruding point of the solar energy system at its fullest extension, not to exceed five feet above the roofline.

Wall-mounted installations: If solar conversion installations are mounted on building walls/facades, said installations must comply with minimum setback requirements as detailed within the property's respective zoning district.

Utility notification: Written proof that CEL or Eversource is in discussions with the applicant regarding an interconnection agreement must be submitted with all permit applications. No building or electrical permits will be issued until the installation owner or operator enters into an interconnection agreement with the utility company that operates the electrical grid for which the installation connection is proposed. Proof of the interconnection agreement shall be presented to the Building Department with the permit application. Projects that are not designed to connect to an electrical grid are exempt but must comply with all other relevant requirements. Reasonable efforts, as determined by the City Council with guidance from the Planning Department, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be aboveground if required by the utility provider.

Production for off-site use. The construction of a solar energy system intended for off-site generation shall be as set forth in Chicopee City Code § 275-6 and shall comply with all requirements set forth herein.

Section 275-66, Burnett Road: Regulations promulgated in § 275-66, which regulate new development on Burnett Road and appurtenant streets, shall not apply to solar energy projects proposed for the Burnett Road area of the City.

Screening: Structures must be shielded from view and/or located to avoid adverse visual impacts as deemed necessary by and in the opinion of the Site Plan Review Advisory Committee.

Landscaping:

[a]

Plantings intended to provide screening shall be evergreen, installed at a minimum of six feet in height measured from the top of the root ball to the tip of the plant and spaced to create a visual barrier.

[b]

Deciduous buffers: Deciduous or mixed deciduous and evergreen buffers shall be a minimum of 40 feet wide and are counted as part of the setback.

Natural features: Natural features and features designed to appear as natural features may be employed as visual barriers. Existing vegetation (located on the same parcel as the installation) must be at least 40 feet in width and adequately dense to provide sufficient screening.

Fencing: Fences shall be installed at a minimum of six feet and shall be solid in appearance.

Setbacks: The purpose of setbacks is to mitigate adverse impacts on abutting properties. For large-scale, ground-mounted solar photovoltaic installations, front, side and rear setbacks shall be as follows:

Minimum of 50 feet.

Every abutting property shall be visually screened from the project through any one or a combination of the following: landscaping, existing vegetation and fencing (not to exceed eight feet). Fencing in excess of eight feet requires a variance from the Chicopee Zoning Board of Appeals.

Lighting: Lighting of parts of the solar energy system shall be limited to that required for safety and operational purposes and shall be designed to minimize glare on abutting properties and be directed downward with full cutoff fixtures to reduce light pollution. The City suggests the use of LED systems whenever possible to conserve electricity.

Signage: Signs on the solar energy system shall comply with the dimensional and setback requirements of the underlying zoning regulations. Signage in districts with no signage requirements are limited to two signs, three square feet in size, maximum of five feet in height, and located in such a manner that there is an unobstructed view of the street from an access drive. Signage required for safety, emergency or by code is excluded from the signage requirements in this section.

Appurtenant structures: All appurtenant structures to large-scale ground-mounted solar photovoltaic installations shall be subject to reasonable regulations as adopted by the Planning Board concerning the bulk and height of structures, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shielded from view by existing vegetation or plantings and/or joined or clustered to avoid adverse visual impacts.

Parking: Reasonable on-site parking is required for vehicles that will service solar energy systems. Please refer to (parking and loading) § 275-40N(2)(v).

(h)

Consultants: Upon submission of an application for a renewable energy installation requiring Site Plan Review Advisory Committee Review, the permit granting authority will be authorized to hire outside consultants, pursuant to MGL c. 44, § 53G. As necessary, the applicant may be required to pay the consultant's fees.

(i)

Emergency services: The applicant shall provide a copy of the project summary, electrical schematic, and site plan to local emergency service providers, as designated by the Site Plan Review Advisory Committee. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan. All means of disconnecting the solar energy system shall be clearly marked. The applicant or system owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project. The owner or operator shall be required to provide a secure, tamperproof storage box for keys or other access tools at each locked entrance to the facility and maintain a complete set of all keys or devices required to gain emergency access to all areas, buildings and equipment of the facility. The owner or operator shall designate a representative who is available 24 hours a day, seven days a week, to respond to emergency situations. This individual shall be required to respond to an emergency situation within 45 minutes of notification.

(j)

Security: The solar energy system shall be designed to prevent unauthorized access. Access to electrical equipment shall be locked where possible.

(k)

Operation and maintenance plan: The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the solar energy system. Site access shall be maintained to a level acceptable to the local Fire Chief, Police Chief, Emergency Medical Services and Site Plan Review Advisory Committee.

(l)

Land clearing, soil erosion and habitat impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation and per best management practices of natural areas or good husbandry of the land or forest otherwise prescribed by applicable laws, regulations and bylaws and defined by Massachusetts General Law Chapter 131, Section 140; 310 CMR, Wetlands Protection; and the Chicopee Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/undeveloped landscapes and the development of such facilities is highly discouraged.

(m)

Financial surety: Proponents of renewable energy projects shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal or failure to maintain in the event the City must maintain or dismantle, remove and properly dispose of the facility and remediate the landscape, in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal and disposal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal and disposal costs due to inflation.

(n)

Abandonment and removal.

Abandonment: Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the installation shall be considered abandoned when it fails to operate for more than one year. If the owner or operator of the installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the City may enter the property and physically remove the installation.

Removal requirements: Any installation which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the City of Chicopee by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

[a]

Physical removal of all structures, equipment, security barriers and transmission lines from the site.

[b]

Disposal of all solid and hazardous wastes in accordance with local, state and federal waste disposal regulations.

[c]

Stabilization or revegetation of the site as necessary to minimize erosion. The Site Plan Review Advisory Committee may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation, at its sole discretion.

Wind.

Residential and business production - individual use. The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for residential, commercial, business and industrial uses where the primary purpose of the system is to provide power for those uses:

Pole-mounted wind conversion systems are prohibited.

Building-integrated wind conversion systems are permitted in all zoning districts. For the purpose of this section, "building-integrated systems" refers only to systems encased within a principal or accessory building.

Production for commercial sale. The following conditions shall apply to all structures and devices designed to convert wind energy into a usable power source for commercial sale:

Pole-mounted wind conversion systems are prohibited.

Building-integrated wind conversion systems are permitted. All such systems shall have a protective shroud to contain projectiles in the event of system malfunction.

No wind energy conversion system shall be erected, used or otherwise employed if said device interrupts or disturbs radio or television signal reception.

As per Chicopee Noise Ordinance: City Code § 200-2, no wind energy conversion system shall be erected, used or otherwise employed if said device results in the creation of any unreasonably loud, disturbing and unnecessary noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare.

Monitoring and maintenance. The applicant shall maintain the wind energy facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, emergency braking (stopping) and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind energy facility.

Abandonment or decommissioning: removal requirements. Any wind energy facility which has reached the end of its useful life or has been abandoned shall be removed. The owner/operator shall physically remove the facility no more than 150 days after the date of discontinued operations. Decommissioning shall consist of:

Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.

Disposal of all solid and hazardous wastes in accordance with local, state, and federal waste disposal regulations.

Stabilization or revegetation of the site as necessary to minimize erosion.

Financial surety. Applicants for commercial-scale wind energy facilities shall provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal and disposal or failure to maintain in the event the City must maintain or remove the facility and remediate the landscape, in an amount and form determined to be reasonable by the Site Plan Review Advisory Committee, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal and disposal prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation.

Wood. The Board of Health signed the following regulation on the 22nd day of March, 2007. Pursuant to Massachusetts General Laws, Chapter 111, §§ 31 and 31C, it shall be unlawful to use, install and/or maintain outdoor wood-burning devices within the City of Chicopee, including, but not limited to, all outdoor wood-burning stoves, boilers and furnaces. For the purposes of this regulation, "outdoor wood-burning stoves, furnaces and boilers" shall mean wood-fired devices that are located outdoors and separate from the indoor building, structure or appliance to be heated, which heat water or air and then transport the same by pipe(s) to an indoor building, structure or appliance for the purpose of providing heat and/or hot water.

If any provision of this section or the application thereof to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this regulation shall not be affected thereby, and each other provision shall be valid and be enforceable to the fullest extent permitted by law.

§ 275-72 Adult use of marijuana.

[Added 5-16-2017 by Ord. No. 17-12; amended 7-3-2018 by Ord. No. 18-26]

Purposes.

To provide for the placement of adult use marijuana establishments in appropriate places and under specific conditions in accordance with the provisions of Massachusetts General Law Chapter 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed.

To minimize any adverse impacts of adult use marijuana establishments on adjacent properties, dense or concentrated residential areas, schools and other places where children congregate, and other sensitive land uses.

To regulate the siting, design, placement, access, security, safety, monitoring, modification and discontinuance of adult use marijuana establishments.

To provide applicants, owners and operators with clear guidance regarding adult use marijuana establishment siting, design, placement, access, security, safety, monitoring, modification and discontinuance.

Applicability.

No adult use marijuana establishment shall be permitted except in compliance with the provisions of this section.

Definitions.

Refer to Commonwealth of Massachusetts 935 CMR 500.00 (Adult Use of Marijuana) for a comprehensive list of definitions related to the regulation of the adult use of marijuana. These definitions are hereby adopted by the City of Chicopee as they pertain to this section.

ADULT USE MARIJUANA ESTABLISHMENTS NOT CONDUCTING SALES OPERATIONS (LICENSE GROUP C)

Definitions. As used in this section, the following terms shall have the meanings indicated:

An entity that engages in no adult use marijuana sales transactions of any kind.

ADULT USER

Any individual over the age of 21 years purchasing or consuming marijuana.

BUSINESS TO BUSINESS (B2B) ADULT USE MARIJUANA ESTABLISHMENTS (LICENSE GROUP A)

Any entity that executes wholesale sales transactions involving adult use marijuana or marijuana products between itself and a licensed adult use marijuana establishment categorized as a marijuana retailer, microbusiness, and/or social consumption operator.

BUSINESS TO CONSUMER (B2C) ADULT USE MARIJUANA ESTABLISHMENTS (LICENSE GROUP B)

Any entity that executes retail sales transactions involving adult use marijuana or marijuana products between itself and the general public or nonbusiness entities.

CANNABIS CULTIVATION

The use of land and/or buildings for planting, tending, improving, harvesting, processing and packaging, the preparation and maintenance of soil and other media and promoting the growth of cannabis by a cannabis cultivator, microbusiness, research facility, craft marijuana cultivator cooperative, registered marijuana dispensary or other entity licensed by the Commission for cannabis cultivation. Such use is not agriculturally exempt from zoning. The cultivation and processing of medical marijuana in accordance with these regulations is considered to be a manufacturing use and is not agriculturally exempt from zoning.

COMMUNITY HOST AGREEMENT

An agreement, pursuant to General Laws Chapter 94G, Section 3(d), between a cannabis establishment and a municipality setting forth additional conditions for the operation of a cannabis establishment, including stipulations of responsibility between the parties and a up to 3% host agreement revenue sharing.

CRAFT MARIJUANA COOPERATIVE

A marijuana cultivator comprised of residents of the Commonwealth and organized as a limited liability company, limited liability partnership, or cooperative corporation under the laws of the Commonwealth. A cooperative is licensed to cultivate, obtain, manufacture, process, package and brand cannabis or marijuana products to transport marijuana to marijuana establishments, but not to consumers.

INDEPENDENT TESTING AND STANDARDS LABORATORY

A laboratory that is licensed by the Commission and is:

Accredited to the International Organization for Standardization 17025 (ISO/IEC 17025:2017) by a third-party accrediting body that is a signatory to the International Laboratory Accreditation Accrediting Cooperation mutual recognition arrangement or that is otherwise approved by the Commission;

Independent financially from any medical marijuana treatment center (RMD), marijuana establishment or licensee for which it conducts a test; and

MARIJUANA PROCESS OR PROCESSING

Qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.

MARIJUANA CULTIVATOR

An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana establishments, but not to consumers. Cultivator licensees (except for craft marijuana cooperative licensees) may hold up to three licenses across the Commonwealth of Massachusetts; however, the total plant canopy area authorized by the licenses shall not exceed 100,000 square feet. Licensees shall be partitioned into tiers based upon total plant canopy square footage held across all licensed cultivation facilities within the Commonwealth as outlined in the following table:

Tier 1	Up to 5,000 square feet
Tier 2	5,001 to 10,000 square feet
Tier 3	10,001 to 20,000 square feet
Tier 4	20,001 to 30,000 square feet
Tier 5	30,001 to 40,000 square feet
Tier 6	40,001 to 50,000 square feet
Tier 7	50,001 to 60,000 square feet
Tier 8	60,001 to 70,000 square feet
Tier 9	70,001 to 80,000 square feet
Tier 10	80,000 to 90,000 square feet
Tier 11	90,001 to 100,000 square feet

MARIJUANA ESTABLISHMENT

A marijuana cultivator, craft marijuana cooperative, marijuana product manufacturer, marijuana retailer, independent testing laboratory, marijuana research facility, marijuana transporter, or any other type of licensed marijuana-related business, except a medical marijuana treatment center.

To harvest, dry, cure, trim and separate parts of the cannabis or marijuana plant by manual or mechanical means, except it shall not include manufacture as defined in 935 CMR 500.002.

MARIJUANA PRODUCT MANUFACTURER

An entity licensed to obtain, manufacture, process and package cannabis or marijuana products and to transfer these products to other marijuana establishments, but not to consumers.

MARIJUANA RESEARCH FACILITY

An entity licensed to engage in research projects by the Massachusetts Cannabis Control Commission.

MARIJUANA RETAILER

An entity licensed to purchase and transport cannabis or marijuana product from marijuana establishments and to sell or otherwise transfer this product to marijuana establishments and to consumers. Retailers are prohibited from delivering cannabis or marijuana products to consumers; and from offering cannabis or marijuana products for the purposes of on-site social consumption on the premises of a marijuana establishment.

MARIJUANA TRANSPORTER

An entity, not otherwise licensed by the Commission, that is licensed to purchase, obtain, and possess cannabis or marijuana product solely for the purpose of transporting, temporary storage, sale and distribution to marijuana establishments, but not to consumers. Marijuana transporters may be an existing licensee transporter or third party transporter.

EXISTING LICENSEE TRANSPORTERA marijuana establishment that contracts with other marijuana establishments to transport the establishment's marijuana and marijuana products to other marijuana establishments.

SOCIAL CONSUMPTION OPERATOR

THIRD PARTY TRANSPORTERAn entity registered to do business in Massachusetts that does not hold another marijuana establishment license pursuant to 935 CMR 500.050 and is not registered as a registered marijuana dispensary pursuant to 105 CMR 725.

MICROBUSINESS

A co-located marijuana establishment that can be either a Tier 1 marijuana cultivator or product manufacturer or both, in compliance with the operating procedures for each license. A microbusiness that is a marijuana product manufacturer may purchase no more than 2,000 pounds of marijuana per year from other marijuana establishments.

SENSITIVE LAND USE

Any of the land use activities outlined in Subsection D(4), Required land use buffers, which require that any and all structures housing adult use marijuana establishments must locate beyond a specified spatial buffer requirement from the subject land use activity.

A marijuana retailer licensed to purchase marijuana and marijuana products from marijuana establishment and to sell marijuana and marijuana products on its premises only to consumers or allow consumers to consume marijuana and marijuana products on its premises only.

SPECIAL PERMIT GRANTING AUTHORITY

The special permit granting authority shall be defined as the City of Chicopee City Council per City of Chicopee City Zoning Code, Article II, Administration and Enforcement, § 275-9, Special permits.

Eligible locations for adult use marijuana establishments.

Per 935 CMR 500: the cultivation of marijuana for adult use is excepted from definition as an agricultural operation and therefore does not qualify as an agricultural land use subject to City of Chicopee Zoning Code, Article III, Regulations Applicable to All Districts, § 275-35(B).

Any buffer requirement delineated in this section shall refer to the distance between the closest point on a parcel line belonging to a parcel upon which any of the sensitive land uses subjected to buffer requirements are sited to the closest point of the adult use marijuana facility's structural footprint.

Eligible zones (for specific zoning requirements, refer to City of Chicopee Zoning Ordinances, Chapter 275, Article IV, District Regulations). Adult use marijuana establishments, other than agricultural operations meeting exemption standards under MGL c. 40A, § 3, may be allowed by special permit issued by the special permit granting authority in the following locations, according to license type:

License Group A [Business to Business (B2B) Establishments]. Marijuana cultivator, craft marijuana cooperative: Industrial Zoning District (§ 275-62).

License Group B [Business to Consumer (B2C) Establishments]. Marijuana retailer, microbusiness, social consumption operator: Industrial (§ 275-62), Business A (§ 275-58), Business B (§ 275-59), or Business C (§ 275-60), Mixed Use (§ 275-65), Central Business District (§ 275-61), and Mill Conversion and Commercial Center Overlay (§ 275-67).

License Group C (establishments not conducting sales operations). Independent testing and standards laboratory, marijuana research facility, marijuana transporter: Industrial (§ 275-62), Business A (§ 275-58), Business B (§ 275-59), or Business C (§ 275-60), Mixed Use (§ 275-65), Central Business District (§ 275-61), Mill Conversion and Commercial Center Overlay (§ 275-67), and Commercial A (§ 275-56).

Required land use buffers.

Land Use Category	License Group A (feet)	License Group B (feet)	License Group C (feet)
School attended by children under the age of 18	500	500	250
Licensed childcare facility	500	500	250
Municipally owned park (not including nonvehicular paths)	500	500	250
Municipally owned park (including nonvehicular paths)	50¹	50¹	50¹
Boat ramp/slip/water access facilities	50¹	50¹	50¹
Playground or play field	500	500	250
Youth center	500	500	250
Other establishment regularly hosting youth under age 18	500	500	250
Churches (places of worship)	500	500	250
Libraries	500	500	250
Drug rehabilitation/detoxification facility	1,000	1,000	1,000
Boarding and/or lodging house	1,000	1,000	1,000
Prison or detention facility	1,000	1,000	1,000

¹ Please refer to § 275-72D(4)(d)[2].

In accordance with 935 CMR 500.110(3): Security Requirements for Marijuana Establishments, Buffer Zone, no adult use marijuana establishment categorized under License Group A shall be located within 500 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed childcare facility, municipally owned and operated park or recreational facilities (not including bikeways, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, youth center, or other establishment at which youth under the age of 18 usually congregate.

In accordance with 935 CMR 500.110(3): Security Requirements for Marijuana Establishments, Buffer Zone, no adult use marijuana establishment categorized under License Group B shall be located within 500 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed childcare facility, municipally owned and operated park or recreational facilities (not including bikeways, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, youth center, or other establishment at which youth under the age of 18 usually congregate.

In accordance with 935 CMR 500.110(3): Security Requirements for Marijuana Establishments, Buffer Zone, no adult use marijuana establishment categorized under License Group C shall be located within 250 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed childcare facility, municipally owned and operated park or recreational facilities (not including bikeways, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, youth center, or other establishment at which youth under the age of 18 usually congregate.

Other land use buffers.

No adult use marijuana establishment shall locate within 1,000 feet of any drug rehabilitation or detoxification facility, boarding and/or lodging house, or prison or detention facility.

No adult use marijuana establishment shall locate within 50 feet of any municipally owned and operated park or recreational facilities classified as a bikeway, pedestrian path, other facility primarily used for nonvehicular modes of travel, or boat ramp/slip or water access facility. There shall be no connection traversable by foot, bike, or any mode of transportation established between any recreational marijuana facility and any facility classified as a bikeway, pedestrian path, or other facility primarily used for nonvehicular modes of travel.

All adult use marijuana establishments categorized under License Group A and License Group B shall install a densely-planted vegetated screen spanning the entire width of any parcel boundary abutting any residentially-zoned or residentially-used parcel and extending inwards on the establishment's parcel for a depth of not less than 100 feet. Any primary use or accessory use building related to the operations of an adult use marijuana establishment shall not be sited within the 100-foot screened buffer. The vegetated screen must be installed at a height of at least eight feet at the time of installation. The dense vegetated screen must be permanently maintained for the duration of the establishment's existence on the subject parcel. All adult use marijuana establishments categorized under License Group C shall follow screening requirements for the underlying zoning district. Refer to City of Chicopee Zoning Code, Article II, Administration and Enforcement, § 275-6, Site plan review, for regulations designating design and composition of vegetated screens.

[4]

Any and all lands or parcels owned, operated, managed or otherwise subjected to proprietary control by the United States Federal Government or its ancillary departments, including the United States Military, via deed and/or title, shall be assumed to prohibit any and all establishments conducting operations involving adult use marijuana and therefore shall be excluded from locational eligibility analyses conducted by the City of Chicopee.

Co-location. An adult use marijuana retailer, social consumption operator, or microbusiness shall not be located in:

Buildings that contain any medical doctor's offices or offices of any other professional practitioner authorized to prescribe the use of medical marijuana.

Buildings that contain a hotel or motel.

General requirements and conditions for all marijuana establishments.

All adult use marijuana establishments shall be located within a permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure. Adult use marijuana establishments shall not have drive-through service.

No outside storage of marijuana, related supplies or promotional materials is permitted.

All marijuana establishments shall be ventilated in such a manner that:

No pesticides, insecticides, or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere;

No odor from marijuana processing or consumption can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the adult use marijuana establishment or at any adjoining use or property.

In no event shall marijuana retailers, social consumption operators, or microbusinesses be open and/or operating and dispensing product between the hours of 9:00 p.m. and 9:00 a.m. and not opening before 10:00 a.m. on Sundays, which is consistent with the operational requirements for licensed alcoholic beverage establishments outlined in MGL c. 138, § 12 (Licenses Authorizing Sale of Beverages to be Drunk on Premises et seq.).

Any social consumption establishment allowing on-site smoking or burning of marijuana products must operate under the guidelines required of a membership association, outlined in MGL c. 270, § 22(c)(2) (Smoking in public places).

The special permit granting authority shall approve four special permits for adult use marijuana establishments (License Group B) in the City of Chicopee at a single moment in time.

The special permit granting authority reserves the right to increase the number of special permits allowed in the City of Chicopee through review of this section.

All adult use marijuana establishments shall comply with any and all structural design requirements per Commonwealth of Massachusetts 935 CMR 500.

Special permit requirements.

An adult use marijuana establishment may only be allowed by special permit granted by the special permit granting authority in accordance with MGL c. 40A § 9, subject to the following statements, regulations, requirements, conditions and limitations.

A special permit for a marijuana establishment shall be limited to one or more of the following uses that shall be prescribed by the special permit granting authority:

Marijuana cultivator.

Craft marijuana cooperative.

Marijuana product manufacturer.

Marijuana retailer.

Marijuana research facility.

Independent standards and testing laboratory.

Microbusiness.

(h)

Social consumption operator.

In addition to the application requirements set forth above, a special permit application for an adult use marijuana establishment shall include the following:

The name and address of owner(s) of the establishment;

Copies of all required draft or final license and permit applications planned for submission by the applicant to the Commonwealth of Massachusetts Cannabis Control Commission;

Copies of any existing licenses for adult use and/or medical marijuana facilities within the Commonwealth of Massachusetts;

Evidence of the applicant's right to use the site of the proposed property for the establishment, such as a purchase and sale agreement, deed, owner's authorization, or lease;

Proposed security measures for the marijuana establishment, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft. A letter from the City of Chicopee Police Chief, or designee, acknowledging review and approval of the marijuana establishment security plan is required.

A certified list of all parties in interest entitled to notice of the hearing for the Special Permit application, taken from the most recent tax list of the City of Chicopee and certified by the office of the Assessor; and

A site plan, fulfilling requirements as outlined in the City of Chicopee Zoning Ordinances, Article II, Administration and Enforcement, § 275-6, Site plan review.

Parking for all adult use marijuana establishments shall be designed in accordance with City of Chicopee Zoning Ordinances, Article III, Regulations Applicable to All Districts, § 275-40, Parking and loading.

(h)

All site plans shall be referred to the Site Plan Review Advisory Committee (SPRAC) for review by the special permit granting authority.

Review by the Site Plan Review Advisory Committee (SPRAC) shall be performed in accordance with City of Chicopee Zoning Code, Article II. Administration and Enforcement, § 275-6C, Site Plan Review Advisory Committee review.

The SPRAC shall review the site plan and confirm that all conditions and requirements outlined in the City of Chicopee Zoning Code, Article II, Administration and Enforcement, § 275-6C(2)(b), Site plan review: Submission requirements, are met satisfactorily.

The SPRAC shall submit comments regarding the site plan which may be designated as conditions of approval for incorporation in the final approved application, should the SPRAC render that no comments submitted by any reviewing parties necessitate substantial alterations to the site plan and warrant a resubmission for SPRAC review.

Mandatory findings. The special permit granting authority shall not issue a special Permit for a marijuana establishment unless it finds that:

The establishment is designed to minimize any adverse impacts on abutters and other parties in interest, as defined in Subsection A, Purposes, of this section;

The applicant demonstrates to the satisfaction of special permit granting authority that it will meet all the permitting requirements of all applicable agencies within the Commonwealth of Massachusetts and will comply with all applicable state laws and regulations. The awarding of the special permit shall be contingent upon approval of licensure by the Cannabis Control Commission; and

The applicant has satisfied all of the conditions and requirements set forth herein.

Annual reporting. Each adult use marijuana establishment permitted under this section shall, as a condition of its special permit, file an annual report to and appear before the special permit granting authority no later than January 31 of each calendar year, providing a copy of all current applicable state licenses for the facility and/or its owners. Each adult use marijuana establishment permitted under this section shall additionally provide all copies of reports submitted to the Commonwealth of Massachusetts and inclusive of any and all responses to said reports issued by the Commonwealth of Massachusetts per adult use marijuana regulations.

A special permit granted under this section shall have a term limited to the duration of the applicant's ownership, lease, or control of the premises as an adult use marijuana establishment. A special permit granted under this section shall run with the applicant only and may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit along with all information required in this section.

The City shall require a bond or deposit of money in order to guarantee the establishment, upkeep and maintenance of the facility and grounds, including any planted vegetated screen, through the duration of the adult use marijuana establishment's tenure. All bonds and deposits shall run with the applicant and shall be submitted to the City Solicitor as to form for his/her approval prior to submission to the City Treasurer for approval as to sufficiency and custody. Upon termination of the establishment's tenure in the City, the applicant shall submit a written petition to the Director of Planning and Development for the release of the bond.

(8)

Any violation of this section shall be grounds for revocation of a special permit issued under this section.

Waiver. The special permit granting authority, when granting a special permit under this section, may waive setback requirements as outlined in this chapter, provided the applicant submits its request in writing and can demonstrate the proposed site will not have an adverse effect upon the surrounding neighborhood. The special permit granting authority reserves the authority to require the applicant to produce necessary documentation to support its position. Further, a waiver of setback requirements shall require both the affirmative vote of 3/4 of all of the members of the special permit granting authority and shall require a separate vote apart from the main vote on the proposed special permit.

Licensing for current medical marijuana operations. A medical marijuana facility licensed by the City of Chicopee shall be required to secure a special permit from the special permit granting authority but shall be exempt from the request for proposal requirement contained in this chapter. Further, the special permit granting authority may allow a medical marijuana facility licensed by the City of Chicopee to submit a written opinion from the Director of Planning for the City of Chicopee opining that said facility meets or exceeds the requirements of this chapter when its application under this chapter.

Request for proposals process.

The City of Chicopee shall only entertain approval of proposed adult use marijuana licensees during a period of time in which license applications are submitted during an open and public request for proposals (RFP) process. This request for proposals process will be managed at the sole discretion of the City of Chicopee.

The response to the request for proposals process shall be an application package which shall include, but not be limited to, the following required materials:

Complete business model, including confirmed sources of financing and projections of revenue and expenses spanning at least five years.

Site plan.

Draft/proposed host community agreement.

An approved application package submitted in response to the request for proposals shall result in the endorsement of the applicant for the submission of a special permit application to the special permit granting authority.

Abandonment or discontinuance of use.

A special permit granted under this section shall lapse if not exercised within one year of issuance. Exercising of the special permit shall be defined as the approval of a Building Permit issued by the City of Chicopee Building Commissioner.

An adult use marijuana facility shall be required to remove all material, plants, equipment and other paraphernalia.

Prior to surrendering its Commonwealth of Massachusetts-issued licenses and/or permits; and