The purpose of this article is to provide for the placement
of marijuana establishments and medical marijuana treatment center
(MTCs), in accordance with applicable state law, in locations suitable
for lawful marijuana establishment or MTC and to minimize adverse
impacts of marijuana establishments and MTCs on adjacent properties
by regulating the siting, design, placement, security, and removal
of marijuana establishments and MTCs.
The Marijuana Overlay District is hereby established as an overlay
district over segments of Route 140 North, E. Main Street Business
Parks, Norton Commerce Center, Industrial Zones in South Norton, and
Business and Industrial Zones in Chartley, superimposed over such
parcels that are included in the Village Commercial (VC) Zoning District,
Commercial (C) Zoning District and the Industrial (I) Zoning District,
dated May 2020. This map is hereby made part of the Norton Zoning
bylaw and is on file in the Office of the Town Clerk, Any marijuana
establishments or MTCs shall be permitted by special permit in the
Marijuana Overlay District, subject to the limitations imposed by
this bylaw. In the instance where a parcel is split between Residential
Zoning District and either Village Commercial (VC) Zoning District,
Commercial (C) Zoning District or the Industrial (I) Zoning District.
Where not expressly defined in the Norton Zoning Bylaw, terms used in this article shall be interpreted as defined in MGL Chapters 94G and 94I and the Commissioner's regulations promulgated from time to time thereunder, including without limitation, 935 CMR 500.000, 501.000 and 502.000 et seq, and otherwise by their plain language. If any terms in this article conflict with the terms of the governing state laws and regulations, the terms in the governing laws and regulations will govern for the purpose covered by this article. In addition to definitions generally applicable to the Norton Zoning Bylaw as set forth in §
175-2.2, for purposes of this article, the following terms shall have the meanings indicated:
CANNABIS OR MARIJUANA OR MARIHUANA
All parts of any plant of the genus Cannabis, not excepted
in 935 CMR 500.002: Cannabis or Marijuana or Marihuana (a) through
(c) and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; clones of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin including tetrahydrocannabinol as defined in MGL
c. 94G, § 1; provided that cannabis shall not include:
A.
The mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil, or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination;
C.
The weight of any other ingredient combined with cannabis or
marijuana to prepare topical or oral administrations, food, drink
or other products.
CANNABIS OR MARIJUANA PRODUCTS
Cannabis or marijuana and its products unless otherwise indicated.
These include products that have been manufactured and contain cannabis
or marijuana or an extract from cannabis or marijuana, including concentrated
forms of marijuana and products composed of marijuana and other ingredients
that are intended for use or consumption, including edible products,
beverages, topical products, ointments, oils and tinctures.
COMMISSION
The Massachusetts Cannabis Control Commission established
by MGL. c. 10, § 76, or its designee. The Commission has authority
to implement the state marijuana laws, which include, but are not
limited to, St. 2016, e. 334 as amended by St. 2017, c. 55, MGL c.
94G, and 935 CMR 500.000.
DELIVERY LICENSE:
Either a marijuana courier license or a marijuana delivery
operator license as defined in the Cannabis Control Commission regulations,
935 CMR 500.000 et seq.
[Added 5-8-2021 ATM by Art. 14]
DELIVERY LICENSEE:
Either a marijuana courier or a marijuana delivery operator
authorized to deliver marijuana and marijuana products directly to
consumers and as permitted, marijuana couriers to patients and caregivers
as defined in the Cannabis Control Commission regulations, 935 CMR
500.000 et seq.
[Added 5-8-2021 ATM by Art. 14]
HOST COMMUNITY 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. Note this term is not defined
in 935 CMR 500. The executive body of the municipality is responsible
for negotiating the host community agreement on behalf of the municipality.
HEMP
The plant of the genus Cannabis or any part of the plant,
whether growing or not, with a delta-9-tetrahydrocannabinol concentration
that does not exceed 0.3% on a dry weight basis of any part of the
plant of the genus Cannabis, or per volume or weight of cannabis or
marijuana product, or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant of the genus
Cannabis regardless of moisture content.
LICENSEE
A person or entity licensed by the Commission to operate
a marijuana establishment under 935 CMR 500.000 and/or medical marijuana
treatment centers under 935 CMR 501.000 or 502.000.
MANUFACTURE
To compound, blend, extract, infuse or otherwise make or
prepare a cannabis or marijuana product.
MARIJUANA COURIER
An entity licensed to deliver finished marijuana products,
marijuana accessories and branded goods directly to consumers from
a marijuana retailer, or directly to registered qualifying patients
or caregivers from an MTC, but is not authorized to sell marijuana
or marijuana products directly to consumers, registered qualifying
patients or caregivers and is not authorized to wholesale, warehouse,
process, repackage, or white label. A marijuana courier is an additional
license type under MGL c. 94G, § 4(b)(1) that allows for limited
delivery of marijuana or marijuana products to consumers; and shall
not be considered to be a marijuana retailer under 935 CMR 500.002
or 500.050 and shall be subject to 935 CMR 500.050(1)(b) as defined
in the Cannabis Control Commission regulations, 935 CMR 500.000 et
seq.
[Added 5-8-2021 ATM by Art. 14]
MARIJUANA CULTIVATOR
An entity licensed to cultivate, process and package marijuana,
and to transfer marihuana to other marijuana establishments, but not
to consumers.
MARIJUANA DELIVERY OPERATOR OR DELIVERY OPERATOR
An entity licensed to purchase at wholesale and warehouse
finished marijuana products acquired from a marijuana cultivator,
marijuana product manufacturer, microbusiness or craft marijuana cooperative,
and white label, sell and deliver finished marijuana products, marijuana
accessories and marijuana-branded goods directly to consumers, but
is not authorized to repackage marijuana or marijuana products or
operate a storefront under this license. A delivery operator is an
additional license type under MGL c. 94G, § 4(b)(1) that allows
for limited delivery of marijuana or marijuana products to consumers;
and shall not be considered to be a marijuana retailer under 935 CMR
500.002 or 500.050 and shall be subject to 935 CMR 500.050(1)(b) as
defined in the Cannabis Control Commission regulations, 935 CMR 500.000
et seq.
[Added 5-8-2021 ATM by Art. 14]
MARIJUANA INDEPENDENT TESTING LABORATORY
A laboratory that is licensed by the Commission and is:
A.
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;
B.
Independent financially from any medical marijuana treatment
center (MTC), marijuana establishment or licensee for which it conducts
a test; and
C.
Qualified to test cannabis or marijuana in compliance with
935 CMR 500. 160 and MGL c. 94C, § 34.
MARIJUANA PROCESS OR PROCESSING:
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 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.
Unless licensed and permitted under the zoning Bylaws, 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
a third-party transporter.
MEDICAL MARIJUANA TREATMENT CENTER (MTC)
Medical marijuana treatment center formerly known as a registered
marijuana dispensary (RMD): an entity licensed under 935 CMR 501.101:
Application Requirements for Medical Marijuana Treatment Centers,
that acquires, cultivates, possesses, processes (including development
of related products such as edible marijuana or marijuana products,
MIPs, tinctures, aerosols oils, or ointments), transports, sells,
distributes, delivers, dispenses, or administers Marijuana, products
containing cannabis or marijuana, related supplies, or educational
materials to registered qualifying patients or their personal caregivers
for medical use. Unless otherwise specified, MTC refers to the site(s)
of dispensing, cultivation, and preparation of cannabis or marijuana
for medical use
MICROBUSINESS
An entity that can be either a Tier 1 marijuana cultivator
or marijuana product manufacturer or both, in compliance with the
operating procedures for each license and, if in receipt of a delivery
endorsement issued by the Commission, may deliver marijuana or marijuana
products produced at the licensed location directly to consumers in
compliance with established regulatory requirements for retail sale
as it relates to delivery. A microbusiness that is a marijuana product
manufacturer may purchase no more than 2,000 pounds of marijuana per
year from other marijuana establishments for the purpose of marijuana
product manufacturing by the licensee as defined in the Cannabis Control
Commission regulations, 935 CMR 500.000 et seq.
[Added 5-8-2021 ATM by Art. 14]
WAREHOUSE
An indoor structure or a portion of the structure on the
licensee's premises used by a marijuana establishment for the on-site
storage of marijuana and marijuana products in compliance with the
regulatory requirements of 935 CMR 500.000, including the requirements
for security, storage and disposal. For delivery operators, the location
of the warehouse shall be the licensee's principal place of business
in the host community as defined in the Cannabis Control Commission
regulations, 935 CMR 500.000 et seq.
[Added 5-8-2021 ATM by Art. 14]
This article does not apply to the cultivation of industrial
hemp as is regulated by the Massachusetts Department of Agricultural
Resources pursuant to General Laws, Chapter 128, §§ 116
through 123.
In addition to the standard requirements for uses permitted
by right or requiring a special permit or site plan approval, the
following shall also apply to all marijuana establishments and MTC
facilities:
A. Use:
(1)
Any type of marijuana establishment or MTC may only be involved
in the uses permitted by its definition and may not include other
businesses or services.
(2)
No marijuana shall be smoked, eaten or otherwise consumed or
ingested within the premises.
(3)
The hours of operation shall be set by the special permit granting
authority, and no retail sale of marijuana shall occur upon the premises
between the hours of 11 00 p m. and 8:00 a.m.
(4) No marijuana establishment or MTC may apply for a building permit
prior to its receipt of special permit and site plan approval.
[Added 5-8-2021 ATM by Art. 14
(5)
No marijuana establishment or MTC may commence operation prior
to its receipt of all required permits and approvals including, but
not limited, to its final license from the appropriate Commission.
[Amended 5-8-2021 ATM by Art. 14]
(6)
The number of marijuana retailers permitted to be located within
the Town of Norton shall not exceed 20% of the number of licenses
issued within the Town for the retail sale of alcoholic beverages
not to be drunk on the premises where sold under MGL c. 138, §
15. For the purposes of determining this number, any fraction shall
be rounded up to the next highest whole number.
B. Physical requirements:
(1)
All aspects of the marijuana establishment or MTC, except for
the transportation of product or materials, relative to the acquisition,
cultivation, possession, processing, sales, distribution, dispensing,
or administration of marijuana, products containing marijuana, related
supplies, or educational materials must take place at a fixed location
within a fully enclosed building ( including greenhouses) and shall
not be visible from the exterior of the business. They may not be
permitted to be located in a trailer, storage freight container, motor
vehicle or other similar type potentially movable enclosure.
(2)
No outside storage is permitted.
(3)
On sites with multiple points of ingress, principal site access
shall be from the more established thoroughfares to avoid disruption
of residential neighborhoods.
(4)
Ventilation. All marijuana establishments and MTCs shall be
ventilated in such a manner that no:
(a) Pesticides, insecticides or other chemicals or products used in the
cultivation or processing are dispersed into the outside atmosphere;
and
(b) No odor from marijuana or its processing can be detected by a person
with an unimpaired and otherwise normal sense of smell at the exterior
of the marijuana establishment or MTC or at any adjoining use or property,
such evaluation shall be made by the Building Inspector or his/her
designee.
(5)
Signage shall be displayed on the exterior of the marijuana
establishment's entrance in plain sight of the public stating that
"Access to this facility is limited to individuals 21 years or older"
in text two inches in height.
All other signage must comply with all other applicable signage
regulations in the Zoning Bylaw or 935 CMR 500.000, 501.000 or 502.000,
as applicable.
(6) Cannabis plants, products, and paraphernalia shall not be visible
from outside the building in which the marijuana establishment or
MTC is located and shall comply with the requirements of 935 CMR 500.000
or 501. 000, as applicable. Any artificial screening device erected
to eliminate the view from the public way shall also be subject to
a vegetative screen and the Planning Board shall consider the surrounding
landscape and viewshed to determine if an artificial screen would
be out of character with the neighborhood.
C. Location:
(1)
Marijuana establishments and MTCs are encouraged to utilize
existing vacant buildings where possible.
(2)
All marijuana establishments and MTCs shall be located in the
Marijuana Overlay District.
(3)
No marijuana establishment or MTC shall be located on a parcel
which is within 500 feet (to be measured in a straight line from the
nearest point of the property line in question to the nearest point
of the property line where the marijuana establishment or MTC is or
will be located) of a parcel occupied by a pre-existing public or
private school (existing at the time the applicant' s license application
was received by the appropriate Commission) providing education in
kindergarten or any of grades one through 12.
(4)
No marijuana retailer or MTC shall be located on a parcel which
is within 500 feet (to be measured in a straight line from the nearest
point of the property line in question to the nearest point of the
property line where the marijuana retailer or MTC is or will be located)
of a parcel occupied by another marijuana retailer or MTC facility.
D. Reporting
requirements.
(1)
Prior to the commencement of the operation or services provided
by a marijuana establishment or MTC, it shall provide the Police Department,
Fire Department, Building Commissioner/Inspector and the special permit
granting authority with the names, phone numbers and email addresses
of all management staff and keyholders, including a minimum of two
operators or managers of the facility identified as contact persons
to whom one can provide notice if there are operating problems associated
with the establishment. All such contact information shall be updated
as needed to keep it current and accurate.
(2)
The local Building Commissioner/Inspector, Board of Health,
Police Department, Fire Department and special permit granting authority
shall be notified in writing by the marijuana establishment or MTC
facility owner / operator / manager:
(a) A minimum of 30 days prior to any change in ownership or management
of that establishment.
(b) A minimum of 12 hours following a violation of any law or any criminal
activities or attempts of violation of any law at the establishment.
(3)
Permitted marijuana establishments and MTCs shall file an annual
written report to, and appear before, the special permit granting
authority, if requested, 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 and demonstrate continued compliance
with the conditions of the special permit.
(4)
The owner or manager of a marijuana establishment or MTC is
required to respond by phone or email within 24 hours of contact by
a Town official concerning their marijuana establishment or MTC at
the phone number or email address provided to the Town as the contact
for the business.
E. Issuance
/ transfer/ discontinuance of use.
(1)
Special permits/site plan approvals shall be issued for a specific
type of marijuana establishment or MTC on a specific site/ parcel
and shall be nontransferable to another type of marijuana establishment
or MTC.
(2)
Special permits/site plan approvals issued to a specific owner
may be transferred to another marijuana establishment owner or MTC
owner operating at the same site/parcel as an amendment to the special
permit.
(3)
Special permits/site plan approvals shall have a term limited
to the duration of the applicant's ownership/ control of the premises
as a marijuana establishment or MTC, and absent an extension granted
by the Planning Board shall lapse expire if:
(a) The marijuana establishment or MTC ceases operation (not providing
the operation or services for which it is permitted) for 120 days;
and/or
(b) The marijuana establishment or MTCs registration license by the appropriate
Commission expires or is terminated.
(4)
The marijuana establishment or MTC shall notify the Zoning Enforcement
Officer and special permit granting authority in writing within 48
hours of such lapse, cessation, discontinuance or expiration or revocation.
(5) A marijuana cultivation or product manufacturing establishment shall
be required to remove all material, plants equipment and other paraphernalia
prior to surrendering its state registration/license or ceasing its
operation.
(a) Prior to the issuance of a building permit for such a marijuana establishment
or MTC the applicant is required to post with the Town Treasurer a
bond or other form of financial security acceptable to said Treasurer
in an amount set by the Planning Board. The amount shall be sufficient
to cover the costs of the Town removing all materials, equipment and
other paraphernalia if the applicant fails to do so. The Building
Inspector shall give the applicant 45 days' written notice in advance
of seeking a court order allowing the Town to take such action. Should
the applicant remove all materials, plants, equipment and other paraphernalia
to the satisfaction of the Building Inspector prior to the expiration
of the 45 days' written notice, said bond shall be returned to the
applicant.
F. Testing.
(1) All cannabis or marijuana product shall be tested by a marijuana
independent testing facility to ensure compliance with 935 CMR 500.160
and MGL c. 94C, § 34.
The Planning Board shall be the special permit granting authority
(SPGA) for a marijuana establishment or MTC special permit.
A. Application. Applications for special permits and site plan approvals
for marijuana establishments or MTCs will be processed in the order
that they are filed with the town. The approval of a special permit
for any marijuana establishment or MTC is up to the discretion of
the Planning Board who will be making its determination based on compliance
with the standards and intent of this article.
In addition to the standard application requirements for special
permits and site plan approvals, such applicants for a marijuana establishment
and MTCs shall provide the following information:
(1) The name and address of each owner and operator of the marijuana
establishment or MTC facility/operation;
(2) A copy of an approved host community agreement;
(3) A copy of its provisional license from the Commission pursuant to
935 CMR 500.000 or 935 CMR 501.000, as applicable;
(4) Proof of liability insurance coverage or maintenance of escrow;
(5) Evidence that the applicant has site control and right to use the
site for a marijuana establishment or MTC facility in the form of
a deed or valid purchase and sales agreement or, in the case of a
lease a notarized statement from the property owner and a copy of
the lease agreement;
(6) A notarized statement signed by the marijuana establishment or MTC
organization's chief executive officer and corporate attorney disclosing
all persons or entities having direct or indirect control, as defined
in 935 CMR 500.002;
(7) A detailed floor plan of the premises of the proposed marijuana establishment
or MTC that identifies the square footage available and describes
the functional areas of the marijuana establishment or MTC;
(8) Detailed site plans that include the following information:
(a) Compliance with the requirements for parking and loading spaces,
for lot size, frontage, yards and heights and coverage of buildings,
and all other provisions of this article;
(b) Convenience and safety of vehicular and pedestrian movement on the
site and for the location of driveway openings in relation to street
traffic;
(c) Convenience and safety of vehicular and pedestrian movement off the
site, if vehicular and pedestrian traffic off-site can reasonably
be expected to be substantially affected by on-site changes;
(d) Adequacy as to the arrangement and the number of parking and loading
spaces in relation to the proposed use of the premises, including
designated parking for home delivery vehicle(s), as applicable;
(e) Design and appearance of proposed buildings, structures, freestanding
signs, screening and landscaping;
(f) Adequacy of water supply, surface and subsurface drainage and light;
(g) Details showing all exterior proposed security measures for the marijuana
establishment or MTC, including lighting, fencing, gates and alarms,
etc., ensuring the safety of employees and patrons and to protect
the premises from theft or other criminal activity;
(h) All signage being proposed for the facility.
(9) A description of the security measures, including employee security
policies, approved by the Commission;
(10) A copy of the emergency procedures approved by the Commission;
(11) A copy of the policies and procedures for patient or personal caregiver
home delivery approved by the Commission;
(12) A copy of the policies and procedures for the transfer, acquisition,
or sale of marijuana between marijuana establishments and/ or MTCs
approved by the Commission;
(13) A copy of proposed waste disposal procedures;
(14) A pedestrian/vehicle traffic impact study to establish the marijuana
establishment' s impact at peak demand times, including queue plan
to ensure that the movement of pedestrian and/or vehicle traffic,
including to and along the public right of ways will not be unreasonably
obstructed;
(15) An odor control plan detailing the specific odor-emitting activities
or processes to be conducted on site, the source of those odors, the
locations from which they are emitted from the facility, the frequency
of such odor-emitting activities, the duration of such odor-emitting
activities, and the administration of odor control including maintenance
of such controls; and
(16) Individual written plans which, at a minimum comply with the requirements
of 935 CMR 500, relative to the marijuana establishment's or MTC's:
(b) Marketing and advertising.
(d) Transportation and delivery of marijuana or marijuana products.
(e) Energy efficiency and conservation.
(g) Decommissioning of the marijuana establishment or MTC including a
cost estimate taking into consideration the community's cost to undertake
the decommissioning of the site.
B. The applicant shall provide copies of the application to the Select
Board, the Building Department, Fire Department, Police Department,
Board of Health, the Conservation Commission, the Highway Department,
and Board of Water/Sewer Commissioners. These boards/departments shall
review the application and shall submit their written recommendations.
Failure to make recommendations within 35 days of referral of the
application shall be deemed lack of opposition.
C. After notice and public hearing and consideration of application
materials, consultant reviews, public comments, and the recommendations
of other Town boards and departments, the Planning Board may act upon
such a permit.
No marijuana establishment or MTC shall be allowed which creates
an unreasonable nuisance to abutters or to the surrounding area, or
which creates any hazard, including, but not limited to, fire, explosion,
fumes, gas, smoke, odors, obnoxious dust, vapors, offensive noise
or vibration, flashes, glare, objectionable effluent or electrical
interference, which may significantly impair the normal use and peaceful
enjoyment of any property, structure or dwelling in the area.
The provisions of this article are severable. If any provision,
paragraph, sentence, or clause of this article or the application
thereof to any person, establishment, or circumstances shall be held
invalid, such invalidity shall not affect the other provisions or
application of this article.
This article sets out the general terms of marijuana establishments
and medical marijuana treatment centers.