The following definitions are incorporated by reference throughout
this chapter:
ACADEMIC CLINICAL RESEARCH CENTER
An accredited medical school within this commonwealth that
operates or partners with an acute care hospital licensed within this
commonwealth.
CAREGIVER
The individual designated by a patient or, if the patient
is under 18 years of age, an individual under Section 506(2); to deliver
medical marijuana.
DISPENSARY
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit issued by the Department of Health (DOH) of the Commonwealth
to dispense medical marijuana.
FORM OF MEDICAL MARIJUANA
The characteristics of the medical marijuana recommended
or limited for a particular patient, including the method of consumption
and any particular dosage, strain, variety and quantity or percentage
of medical marijuana or particular active ingredient.
GROWER/PROCESSOR
A person, including a natural person, corporation, partnership,
association, trust or other entity, or any combination thereof, which
holds a permit from the DOH to grow and process medical marijuana.
MEDICAL MARIJUANA
Marijuana for certified medical use as legally permitted
by the Commonwealth of Pennsylvania with Act 16.
MEDICAL MARIJUANA ORGANIZATION
A dispensary or a grower/processor. The term does not include
a health care medical marijuana organization under Chapter 19.
REGISTRY
The registry established by the DOH for all medical marijuana
organizations and practitioners.
The use criteria for medical marijuana facilities shall be governed
by the requirements of § 605 of the Pennsylvania MPC. The
following shall apply to the uses listed below:
A. Academic clinical research centers.
(1) Parking requirements will follow the parking schedule found in §
374-88, Off-street parking, and/or as listed for other supporting commercial uses and shall require one parking stall for each 150 square feet of gross floor area.
(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 planting is required where an academic clinical research
center adjoins a residential use or district.
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 maximum floor area of a medical marijuana grower/processor shall
be limited to 20,000 square feet, of which sufficient space must be
set aside for secure storage of marijuana seeds, related finished
product, and marijuana related materials used in production 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) Grower/processors may not locate within 1,000 feet of the property
line of a public, private, or parochial school or day-care center.
(7) All external lighting serving a medical marijuana grower/processor
must be shielded in such a manner to not allow light to be emitted
skyward or onto adjoining properties.
(8) Parking requirements will follow the parking schedule found in §
374-88, Off-street parking, for light manufacturing. A minimum of one parking stall is required for each employee on shift.
(9) A buffer planting is required where a medical marijuana grower/processor
adjoins a residential use or district.
(10)
Entrances and driveways to a medical marijuana grower/processor
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 entrances must be designed to satisfy sight distance requirements;
and
(c)
The driveway must be designed and improved to the standards expressly described in §
322-49 of the Subdivision and Land Development Ordinance.
(11)
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 where the office is operated.
(2) Parking requirements will follow the parking schedule found in § 349-88
and shall include a minimum of one parking space for each employee
on shift.
(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 planting 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)
Entrances must be designed to satisfy sight distance requirements;
and
(c)
The driveway must be designed and improved to the standards expressly described in §
322-49 of the Subdivision and Land Development Ordinance.
(6) If for some reason a medical marijuana product is to be temporarily
stored at a medical marijuana 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 8:00 a.m. to
8:00 p.m. [of the same calendar day].
(6) A medical marijuana dispensary shall be a maximum of 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)
Not have a 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 direct or home 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, including but not limited to all of
the requirements of the Medical Marijuana Act of 2016 as may be amended.
(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 municipality
in which it is located.
(10)
A medical marijuana dispensary shall be a minimum distance 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 municipality in which it is 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 will follow the parking schedule found in §
374-88, Off-street parking, as listed for professional or business offices.
(14)
A buffer planting 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)
Entrances must be designed to satisfy sight distance requirements;
and
(c)
The driveway must be designed and improved to the standards expressly described in §
322-49 of the Subdivision and Land Development Ordinance.
(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.
If any section, subsection, sentence, clause or phrase or portion
of this chapter is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such shall be deemed a separate,
distinct, and independent provision and such holding shall not affect
the validity of the remaining portion thereof.
Any owner, operator, or other person who violates or permits
a violation of this chapter shall, upon being found liable therefore
in a civil enforcement proceeding before a Magisterial District Judge,
pay to Pleasant Hills Borough 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 Pleasant Hills 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 Pleasant Hills may enforce the judgment as provided
by law. Each day a violation exists after final judgment shall constitute
a separate offense. The amount of the fine imposed shall be multiplied
by the number of such days and may be charged and collected by the
Borough without further judicial proceedings. Further, the appropriate
officers or agents of the Borough are hereby authorized, to issue
a cease and desist notice and/or to seek equitable relief, including
injunction, to enforce compliance herewith. No bond will be required
if injunctive relief is sought by the Borough. A person who violates
this chapter shall also be responsible for the Borough of Pleasant
Hills' attorney's fees, engineering fees, expert fees and
court costs reasonably incurred by the Borough of Pleasant Hills on
account of such violation.
This chapter shall take effect 30 days after the date of enactment
of this ordinance.
The express purpose of this chapter is to enact the limited
changes referenced herein and therefore the scope of this chapter
is specifically intended to be limited. As such, this chapter is not
intended to amend the remaining ordinances of the Borough of Pleasant
Hills except as expressly set forth herein. In the event that any
section, clause of part of this chapter is found to be illegal, unconstitutional
or unenforceable, then only that portion of this chapter shall be
restricted and the remainder shall remain in full force and effect.