Local license holders and cannabis facilities shall perform interval
testing for malodors no less frequently than biweekly. Odor samples
shall be taken by each member of an ad hoc committee consisting of
at least three designees of the cannabis facility, utilizing a device
known as an "olfactometer." All members of the ad hoc committee shall
be appropriately trained in how to operate the olfactometer and to
record sample data prior to performing any interval testing. Samples
shall be taken from at least five separate locations located along
the lot perimeter, with at least one sample collected from the north,
south, east, and west of the cannabis facility.
Local license holders and all cannabis facilities must maintain adequate and accurate books and records that provide a true accounting of all interval testing for malodors required in § 140-11, including dates and times of samples, reading locations, reading levels, and the names of all operators of the olfactometer, including their training history.
The Township shall have the power and authority to enter any cannabis
facility at any time and have access to the testing records of such
business for the purpose of ascertaining compliance with this chapter.
Nuisance defined. In order to prevent nuisance from noise, odor,
dust, light, glare, heat, noxious gasses, smoke, traffic, vibrations,
unsafe conditions or other negative impacts of a cannabis facility,
or which otherwise may be injurious to the public health, safety,
or welfare of the inhabitants of the Township of Galloway, all of
which shall be considered a nuisance:
The creation of noise, when measured at the property boundary of
the land on which the cannabis facility is located, in excess of 20
dBA above ambient noise level;
Maintaining, cultivating and/or growing cannabis upon private property
within the Township except in full compliance with the provisions
of this chapter; or
Disposal of cannabis or any part thereof, cannabis waste and/or any
other waste from a cannabis facility except in strict accordance with
a waste disposal plan provided to the Township.
Order to abate a nuisance. In the event that the Township has reason
to believe that a local license holder and/or cannabis facility has
created a nuisance, the Township shall issue a notice to the local
license holder and/or cannabis facility identifying the alleged nuisance
and may do one or more of the following:
The Township may order the local license holder and/or cannabis facility
to submit to independent testing to verify or refute the existence
of the alleged nuisance at the expense of the local license holder
and/or cannabis facility.
The Township may order a local license holder and/or cannabis facility,
at its own expense, to remove any nuisance found thereon within 24
hours or such other time the Township deems reasonable.
Compliance with order to abate. The local license holder and/or cannabis
facility shall have seven days after receipt of an order to abate
a nuisance in which to comply with the Township's order, unless
an appeal has been filed.
If the local license holder and/or cannabis facility fails to comply
with such order, subject to the appeal rights below, the Township
of Galloway may revoke the local license.
The Township shall notify a cannabis establishment, in writing, of
any order taken pursuant to this section. If the cannabis establishment
fails to either comply with the order or request a hearing before
the Township Council after said seven days, the Township of Galloway
may cause the nuisances to be removed, and all expenses incurred thereby
shall constitute a debt due the Township of Galloway. If the cannabis
establishment requests a hearing before the Township Council, such
hearing shall occur no later than the next regularly scheduled Council
meeting.
Appeal of order to abate. The local license holder and/or cannabis
facility shall have seven days after receipt of an order to abate
a nuisance in which to appeal to the Township Council for a hearing.
The request for an appeal shall be filed, in writing, with the Township
Clerk. The Township Council shall hold its hearing within 30 calendar
days thereafter, and its decision shall be final.
The maintaining, cultivating or growing of cannabis upon private
property within the Township without a state license and a local license
is strictly prohibited.