Draft Ordinance No. 237 Marijuana Dispensary Facilities

LEGAL NOTICE

PLEASE TAKE NOTICE that proposed Ordinance No. 237 amending Ordinance No. 222 (“Zoning Ordinance”) for the Borough of Riegelsville to provide for medical “marijuana dispensary facilities” in the C Commercial District, for “medical marijuana growing/processing facilities’ in the I Industrial District and for associated regulations will presented for review and passage at the Regular Council meeting to be held on October 11, 2017 at 7 p.m. at the Borough Hall, 615 Easton Road, Riegelsville, Pennsylvania.  A full copy of the proposed ordinance may be examined without charge at the Borough Hall, the office of this newspaper or the Law Library at the Bucks County Court House during normal business hours, or may be obtained upon request for a charge not greater than the cost thereof.  The following is a summary of the proposed ordinance that will be presented for consideration at the meeting:

Section 1 adds a new subsection to the Zoning Ordinance that defines and regulates Use E-28 (medical marijuana dispensary).

Section 2 adds a new subsection to the Zoning Ordinance that defines and regulates Use G-17 (medical marijuana growing/processing facility)

Section 3 amends section 305 of the Zoning Ordinance (Table of Use Regulations) to address Uses E-28 and G-17.

Section 4 amends Article VIII, Section 801(a) of the Zoning Ordinance by adding (45a) Use E-28 to the use regulations in the Industrial District.

Section 5 amends Article IX, Section 901(a) of the Zoning Ordinance by adding (30a) Use G-17 to the minimum lot regulations set forth therein.

Section 6 is a partial repealer.

Section 7 is a savings provision.

Section 8 provides that the effective date of the ordinance shall be five (5) days after its approval and adoption.

 

Prepared by:

William T. Dudeck, Esquire

Eastburn and Gray, P.C.

60 East Court Street

P.O. Box 1389

Doylestown, PA 18901

(215) 345-7000

Solicitor for the

                                                                                                Borough of Riegelsville

RIEGELSVILLE BOROUGH

ORDINANCE # 237

 

AN ORDINANCE OF THE BOROUGH OF RIEGELSVILLE, BUCKS COUNTY, PENNSYLVANIA, AMENDING ORDINANCE 222 (ZONING ORDINANCE) PROVIDING FOR MEDICAL “MARIJUANA DISPENSARY FACILITIES” IN THE C ZONING DISTRICT, AND FOR “MEDICAL MARIJUANA GROWING /PROCESSING FACILITIES” IN THE “I ZONING DISTRICT”, AND FOR ASSOCIATED REGULATIIONS GOVERNING THESE USES.

 

WHEREAS, the Pennsylvania Borough Code provides that the corporate powers of the Riegelsville Borough Council (the “Council”) include the ability to plan for the development of the Borough through Zoning, Subdivision and Land Development Regulations under the Act of July 13, 1968 (P.L. 805, No. 247), known as the “Pennsylvania Municipalities Planning Code”:

 

WHEREAS, the Riegelsville Borough Zoning Ordinance, as amended, is codified in Ordinance 222;

 

WHEREAS, the Pennsylvania Borough Code provides that the Council may adopt Ordinances in which general or specific powers of the Borough may be exercised, and, by the enactment of subsequent Ordinances, the Council may amend, repeal or revise existing Ordinances;

 

WHEREAS, the proposed amendments are geared toward fulfilling the Borough obligations under Article I, Section 27 of the Pennsylvania Constitution, and of protecting the public health, safety and welfare of Borough citizens; and

 

WHEREAS, the Pennsylvania General Assembly recently passed Act 16 of 2016 (formerly SB3), known as the Medical Marijuana Act (“the Act”), which the Governor approved on April 17, 2016;

 

WHEREAS, the Act inter alia legalizes and regulates certain activities regarding the growing, processing, dispensation, use and research of medical marijuana;

 

WHEREAS, the Borough desires to update its zoning ordinance to address the new land uses provided for in the Act inter alia allow access to medical marijuana for local citizens while protecting the public health, safety and welfare;

 

WHEREAS, federal law still classifies marijuana as a Schedule I drug despite the enactment of the Act in Pennsylvania;

 

WHEREAS, the U.S. Department of Justice has issued several memoranda regarding state laws and medical marijuana;

 

WHEREAS, the U.S. Drug Enforcement Administration has issued a policy statement on increasing the number of facilities that are federally authorized to grow marijuana for research purposes;

 

WHEREAS, Section 2107 of the Act provides guidance to municipalities regarding local zoning and land use requirements;

 

WHEREAS. The proposed amendments have been advertised, considered, and reviewed in accordance with Municipalities Planning Code Section 609 (53 P.S. Section 10609);

 

NOW THEREFORE, in consideration of the foregoing, be it ENACTED and ORDAINED by the Borough Council of Riegelsville Borough, Bucks County, Pennsylvania, as follows:

 

  1. ADD to Ordinance 222 a new subsection as follow:

 

E-28 Medical marijuana dispensary facility.  An activity or operation owned and operated by a “dispensary”, as that term is defined in Act 16 of 2016, known as the Medical Marijuana Act (“Act”).  As used in this subsection, “Dispensary Company” shall have the same meaning as the term “dispensary” defined in the Act.  Medical marijuana dispensary facilities shall be subject to the following regulations:

 

  1. A medical marijuana dispensary facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.
  2. No medical marijuana dispensary facility shall be located within 1000 feet of the property line of a public, private, or parochial school or day-care center.
  3. A medical marijuana dispensary facility shall be clearly identified as such in its signage.
  4. A medical marijuana dispensary facility shall be subject to quarterly inspection by the Borough Zoning Officer or other Borough designee.
  5. Permit Application Requirements:
  6. A copy of the permit issued to the dispensary company by the Pennsylvania Department of Health under the Act.
  7. Documentation of procedures and measures used or to be used by the medical marijuana dispensary facility and its owner and/or operator to ensure compliance with or to abide by:
  8. The Medical Marijuana Act:
  9. Federal memoranda regarding medical marijuana including inter alia the August 29, 2013 U.S. Department of Justice memorandum (known as the “Cole memorandum”); and
  • All other applicable laws and regulations governing the dispensary company or the medical marijuana dispensary facility, including the Borough’s Code of Ordinances.

 

  1. Documentation that the dispensary company has provided the following information to the Pennsylvania State Police:
  2. Contact information (name, phone number(s), email, mailing address) for two (2) individuals at the medical marijuana dispensary facility and two (2) individuals of the dispensary company who the Pennsylvania State Police may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana dispensary facility.
  3. All information required in 5.b above.
  4. Effect on Federal Law. Nothing in this subsection shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

 

  1. ADD to Ordinance 222 a new subsection as follows:

 

G-17 Medical marijuana growing/processing facility.  An activity or operation owned and operated by a “grower/processor”, as that term is defined in Act 16 of 2016, known as the Medical Marijuana Act (“the Act”).  As used in this subsection, “grower/processor” shall have the same meaning as the term defined in the Act.  Medical marijuana growing/processing facilities shall be subject to the following regulations:

  1. A medical marijuana growing/processing facility shall be owned and operated in accordance with all applicable laws and regulations, including the Medical Marijuana Act and federal memoranda regarding medical marijuana.
  2. No medical marijuana growing/processing facility shall be located within 1000 feet of the property line of a public, private or parochial school or day-care center.
  3. A medical marijuana growing/processing facility shall be clearly identified as such in its signage.
  4. A medical marijuana growing/processing facility shall be subject to quarterly inspection by the Borough Zoning Officer or other Borough designee.
  5. Permit Application Requirements:
  6. A copy of the permit issued to the grower/processor by the Pennsylvania Department of Health under the Medical Marijuana Act.
  7. Documentation of procedures and measures used or to be used by the medical marijuana growing/processing facility and its owner and/or operator to ensure compliance with or to abide by:
  8. The Medical Marijuana Act;
  9. Federal memoranda regarding medical marijuana including inter alia the August 29, 2013 U.S. Department of Justice memorandum (known as the “Cole memorandum”);
  • All other applicable laws and regulations governing the grower/processor or the marijuana growing/processing facility, including the Borough’s Code of Ordinances.
  1. Documentation that the grower/processor has provided the following information to the Pennsylvania State Police:
  2. Contact information (name, phone number(s), email, mailing address) for two (2) individuals at the medical marijuana growing/processing facility and two (2) individuals of the grower/processor who the Pennsylvania State Police may contact should suspicions of illegal activity or other concerns arise regarding the medical marijuana growing/processing facility.
  3. All information required under 5.b above.
  4. Effect on Federal Law. Nothing in this subsection shall counteract the substance, interpretation, effect, or application of any federal law, statute, regulation, act, administrative or judicial court decision, departmental directive, or guideline promulgated or authorized by any entity of the federal government respecting the distribution, use, sale, growing, processing, or dispensing of marijuana.

 

  1. AMEND Ordinance 222, Section 305 (Table of Use Regulations) as follows:

 

  RP R-1 R-2 R-3 C I
E-28 Medical Marijuana Dispensary Facility  

N

 

N

 

N

 

N

 

P

 

N

G-17 Medical Marijuana Growing/Processing Facility  

N

 

N

 

N

 

N

 

N

 

P

 

  1. ADD to Ordinance 222 Article VIII, Section 801.a the following:

(45a) E-28 Medical marijuana dispensary facility

  1. ADD to Ordinance 222 Article IX, Section 901.a the following:

(30a) G-17 Medical marijuana growing/processing facility

 

  1. Partial Repealer

 

All other provisions of the Riegelsville Borough Zoning Ordinance, as amended, shall remain in full force and effect.  All other Ordinances or provisions of the Zoning Ordinance inconsistent herewith or in conflict with any of the terms hereof are, to the extent of said inconsistencies or conflicts, herby specifically repealed.

 

  1. Severability

 

The provisions of this Ordinance are severable.  If any section, clause, sentence, part or provision thereof shall be held illegal, invalid, or unconstitutional by a court of competent jurisdiction, the effect of such decision shall be limited to those provisions which are expressly state in the decision to be invalid or ineffective, and such decision of the court shall not affect or impair any of the remaining sections, clauses, sentences, parts or provisions of this Ordinance.  It is herby declared to be the intent of the Borough Council that this Ordinance would have been adopted if such illegal, invalid, or unconstitutional section, clause, sentence or part of a provision had not been included herein.

 

  1. Effective Date

 

All provisions of this Ordinance shall be in full force and effect five (5) days after the approval and adoption.

 

DULY ENACTED AND ORDAINED this            day of                                     , 2017 by the Riegelsville Borough Council, Riegelsville Borough, Bucks County, Pennsylvania, in lawful sessions duly assembled.

 

ATTEST:                                                                     Borough of Riegelsville

Bucks County, Pennsylvania

 

Sherry Masteller                                                          By:                                                                 

Secretary

                                                                                         Thomas E. Stinnett

Borough Council President

 

 

 

 

 

 

By:

 

Gregory P. Stokes

Borough Mayor

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