[Ord. No. 2-2017, 8/22/2017]
The purpose of this article 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), to allow for the integration of an allowed industry while
providing for the protection of the public's health, safety, morals,
and general welfare.
[Ord. No. 2-2017, 8/22/2017]
1. Academic clinical research centers are permitted in the Commercial Highway (CH) and Industrial Park (IP) Districts with consideration for the applicable performance standards found in §
27-14A04, Subsection
1, of this article.
2. Medical marijuana grower/processors are permitted in the Commercial Highway (CH) and Industrial Park (IP) Districts with consideration for the applicable performance standards found in §
27-14A04, Subsection
2, of this article.
3. Medical marijuana transport vehicle offices are permitted in either a Commercial Highway (CH) or Industrial Park (IP) District, with consideration for the applicable performance standards found in §
27-14A04, Subsection
3, of this article.
4. Medical marijuana dispensaries are permitted in either a Commercial Highway (CH) or Industrial Park (IP) District, with consideration for the applicable performance standards found in §
27-14A04, Subsection
4, of this article.
[Ord. No. 2-2017, 8/22/2017]
For the purpose of this chapter, the following definitions shall
apply:
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 to deliver medical
marijuana.
CERTIFIED MEDICAL USE
The acquisition, possession, use or transportation of medical
marijuana by a patient, or the acquisition, possession, delivery,
transportation or administration of medical marijuana by a caregiver,
for use as part of the treatment of the patient's serious medical
condition, as authorized by certification by the commonwealth.
CLINICAL REGISTRANT
An entity that:
1.
Holds a permit both as a grower/processor and a dispensary;
and
2.
Has a contractual relationship with an academic clinical research
center under which the academic clinical research center or its affiliate
provides advice to the entity regarding, among other areas, patient
health and safety, medical applications and dispensing and management
of controlled substances.
DISPENSER
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 to a particular patient, including the method of consumption
of 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.
REGISTRY
The registry established by the DOH for all medical marijuana
organizations and practitioners.
[Ord. No. 2-2017, 8/22/2017]
1. Academic clinical research centers.
A. Parking requirements will follow the parking schedule found in Article
XVIII, §
27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
B. 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.
C. 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.
D. A buffer planting is required as found in Article
XV, §
27-1508, Subsection
1F, in the South Hanover Township Zoning Ordinance, where an academic clinical research center adjoins a residential use or district.
2. Medical marijuana grower/processor.
A. 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 containers, mobile or modular unit, mobile home,
recreational vehicle or other motor vehicle.
B. The floor area of a medical marijuana grower/processor shall include
sufficient space for production, secure storage of marijuana seed,
related finished product cultivation, and marijuana-related materials
and equipment used in production and cultivation or for required laboratory
testing.
C. There shall be no emission of dust, fumes, vapors, odors, or waste
into the environment from any facility where medical marijuana is
growing or processing or testing occurs.
D. Marijuana remnants and by-products shall be secured and properly
disposed of in accordance with the DOH policy and shall not be placed
within any unsecured exterior refuse containers.
E. 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.
F. 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.
G. Parking requirements will follow the parking schedule found in Article
XVIII, §
27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
H. A buffer planting is required as found in Article
XV, §
27-1508, Subsection
1F, in the South Hanover Township Zoning Ordinance, where a medical marijuana grower/processor adjoins a residential use or district.
I. Entrances and driveways to a medical marijuana grower/processor must
be designed to accommodate the anticipated vehicles used to serve
the facility.
(1)
All accesses must secure the appropriate highway occupancy permit
(state or Township, as applicable).
(2)
The clear sight triangle found in Article
XV, §
27-1508, Subsection
1B, of the South Hanover Township Zoning Ordinance must be considered and maintained.
(3)
The driveway must be designed and improved to the standards expressly described in Article
IV, §
22-401, of the South Hanover Township Subdivision and Land Development Ordinance.
J. Loading and off-loading areas within the structure are preferred.
If an external loading dock is designed, it should be from within
a secure environment.
3. Medical marijuana transport vehicle service.
A. A traffic impact study is required where the office is operated.
B. Parking requirements will follow the parking schedule found in Article
XVIII, §
27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
C. 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 onto adjoining properties.
D. A buffer planting is required as found in Article
XV, §
27-1508, Subsection
1F, in the South Hanover Township Zoning Ordinance, where a medical marijuana transport vehicle service adjoins a residential use or district.
E. 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.
(1)
All accesses must secure the appropriate highway occupancy permit
(state or Township, as applicable).
(2)
The clear sight triangle found in Article
XV, §
27-1508, Subsection
1B, of the South Hanover Township Zoning Ordinance must be considered and maintained.
(3)
The driveway must be designed and improved to the standards expressly described in Article
IV, §
22-401, of the South Hanover Township Subdivision and Land Development Ordinance.
F. 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.
G. Loading and off-loading areas within the structure are preferred.
If an external loading dock is designed, it should be from within
a secure environment.
4. Medical marijuana dispensary.
A. A medical marijuana dispensary must be legally registered in the
commonwealth and possess a current, valid medical marijuana permit
from the DOH.
B. 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.
C. A medical marijuana dispensary may not operate on the same site as
a facility used for growing and processing medical marijuana.
D. 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.
E. Permitted hours of operation of the dispensary shall be 8:00 a.m.
to 8:00 p.m. of the same calendar day.
F. A medical marijuana dispensary shall:
(1)
Not have a drive-through service;
(2)
Not have outdoor seating areas;
(3)
Not have outdoor vending machines;
(4)
Prohibit the administering of, or the consumption of, medical
marijuana on the premises; and
(5)
Not offer direct or home delivery service.
G. A medical marijuana dispensary may dispense only medical marijuana
to certified patients and caregivers and shall comply with all lawful,
applicable health regulations.
H. 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.
I. Parking requirements will follow the parking schedule found in Article
XVIII, §
27-1802, Subsection 15, Off-Street Parking Regulations, as listed for industrial uses, in the South Hanover Township Zoning Ordinance.
J. A buffer planting is required as found in Article
XV, §
27-1508, Subsection
1F, in the South Hanover Township Zoning Ordinance, where a medical marijuana dispensary adjoins a residential use or district.
K. Entrances and driveways to a medical marijuana dispensary must be
designed to accommodate the anticipated vehicles used to enter and
exit the premises.
(1)
All accesses must secure the appropriate highway occupancy permit
(state or Township, as applicable).
(2)
The clear sight triangle found in Article
XV, §
27-1508, Subsection
1B, of the South Hanover Township Zoning Ordinance must be considered and maintained.
(3)
The driveway must be designed and improved to the standards expressly described in Article
IV, §
22-401, of the South Hanover Township Subdivision and Land Development Ordinance.
(4)
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. No. 2-2017, 8/22/2017]
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 Township zoning permit application must be completed and submitted.
C. Permit fees shall be as stipulated in the fee schedule adopted by
resolution of South Hanover Township in effect at the time of application.
D. Permits may be denied if the applicant, in the reasonable opinion
of South Hanover Township, is failing to comply with any state or
local law or regulation.
E. In the case of new construction, meeting the PA MPC definition of
land development, an application is required to be submitted and an
approval secured prior to establishment of the use.
F. If the application is to change the use of a 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. No. 2-2017, 8/22/2017]
If any section, subsection, sentence, clause or phrase or portion
of this article 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.
[Ord. No. 2-2017, 8/22/2017]
Any owner, operator, or other person who violates or permits
a violation of this article shall, upon being found liable therefor
in a civil enforcement proceeding before a Magisterial District Judge,
pay to South Hanover Township a fine of not more than $500, plus all
court costs, including, but not limited to, reasonable attorneys'
fees incurred by South Hanover Township 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, South
Hanover Township may enforce the judgment as provided by law. Each
day a violation exists after the 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 South
Hanover Township without further judicial proceedings. Further, the
appropriate officers or agents of South Hanover Township 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 South Hanover Township.
A person who violates this article shall also be responsible for South
Hanover Township's attorneys' fees, engineering fees, expert fees
and court costs reasonably incurred by South Hanover Township on account
of such violation.
[Ord. No. 2-2017, 8/22/2017]
This article shall take effect five days after enactment.