[Added 6-18-2013 by Ord. No. 13-13; amended 9-1-2009; 3-17-2015 by Ord. No. 15-16]
A.
Purposes.
(1)
To provide for the establishment of medical marijuana facilities
in appropriate places and under strict conditions in accordance with
the passage of the Acts of 2012, Chapter 369, entitled "An Act for
the Humanitarian Use of Marijuana."
(2)
To minimize the adverse impacts of medical marijuana facilities on
adjacent properties, residential neighborhoods, schools and other
places where children congregate, local historic districts, and other
land uses potentially incompatible with said facilities.
(3)
To regulate the siting, design, placement, safety, monitoring, modification,
and removal of medical marijuana facilities.
B.
Applicability.
(1)
The cultivation (unless it meets the requirements for an agricultural exemption under MGL c. 40A, § 3), production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as a medical marijuana facility under this section.
(2)
No medical marijuana facility shall be established except in compliance
with the provisions of this section.
(3)
Nothing in this section shall be construed to supersede federal and
state laws governing the sale and distribution of narcotic drugs.
(4)
If any provision of this section or the application of any such provision
to any person or circumstance shall be held invalid, the remainder
of this section, to the extent it can be given effect, or the application
of those provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby, and to this
end the provisions of this section are severable.
C.
MARIJUANA
MARIJUANA FOR MEDICAL USE
MEDICAL MARIJUANA FACILITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The same substance defined as "marihuana" under MGL, c. 94c.
Marijuana that is designated and restricted for use by, and
for the benefit of, qualifying patients in the treatment of debilitating
medical conditions, as set forth in the Acts of 2012, Chapter 369,
entitled "An Act for the Humanitarian Use of Marijuana."
A facility for the cultivation, production, processing, assembly,
packaging, retail or wholesale sale, trade, distribution or dispensing
of marijuana for medical use, located inside a structure or building.
D.
Eligible locations for medical marijuana facilities.
E.
General requirements and conditions for all medical marijuana facilities.
(1)
All nonexempt medical marijuana facilities shall be contained within
a building or structure.
(2)
Medical marijuana facility size or gross floor area shall be determined
or delineated by the special permit granting authority. If no such
delineation is made, the facility shall not exceed 50,000 square feet.
(3)
A medical marijuana facility may not be located in buildings that
contain any medical doctor's offices or the offices of any other professional
practitioner authorized to prescribe the use of medical marijuana.
(4)
The hours of operation of medical marijuana facilities shall be set
by the special permit granting authority, but in no event shall said
facilities be open and/or operating between the hours of 8:00 p.m.
and 8:00 a.m.
(5)
No medical marijuana facility shall be located within 300 feet of
any residence or residential zoning district. This includes overlay
zoning districts that allow residential uses, provided that a permit
for residential use has been approved prior to the application for
a medical marijuana facility special permit.
(6)
No medical marijuana facility shall be located within 1,000 feet
of any of the following preexisting structures or uses:
(8)
No smoking, burning or consumption of any product containing marijuana
or marijuana-related products shall be permitted on the premises of
a medical marijuana facility.
(9)
No medical marijuana facility shall be located inside a building
containing residential units, including transient housing such as
motels and dormitories, or inside a movable or mobile structure such
as a van or truck.
(10)
Signage for the medical marijuana facility shall include the
following language: "Registration card issued by the MA Department
of Public Health required." The required text shall be a minimum of
two inches in height.
(11)
Medical marijuana facilities shall provide the Chicopee Police
Department and Building Commissioner with the names, phone numbers
and email addresses of all management staff and keyholders to whom
one can provide notice if there are operating problems associated
with the establishment.
F.
Special permit requirements.
(1)
A medical marijuana facility may only be allowed by special permit from the Chicopee City Council in accordance with MGL c. 40A, § 9, subject to the following statements, regulations, requirements, conditions and limitations.
(2)
A special permit for a medical marijuana facility shall be limited
to one or more of the following uses that shall be prescribed by the
special permit granting authority:
(a)
Cultivation of marijuana for medical use (horticulture) (special permit not required for sites meeting agricultural exemption standards found in MGL c. 40A, § 3);
(b)
Processing and packaging of marijuana for medical use, including
marijuana that is in the form of smoking materials, food products,
oils, aerosols, ointments, and other products;
(c)
Retail sale or distribution of marijuana for medical use to
qualifying patients;
(d)
Wholesale sale of marijuana for medical use to other medical
marijuana facilities located in Chicopee or in another municipality
in Massachusetts or elsewhere.
(3)
In addition to the application requirements set forth in Subsections E and F of this section, a special permit application for a medical marijuana facility shall include the following:
(a)
The name and address of each owner of the facility;
(b)
Copies of all required licenses and permits issued to the applicant
by the Commonwealth of Massachusetts and any of its agencies for the
facility;
(c)
Evidence of the applicant's right to use the site or structure,
such as a deed or lease;
(d)
If the applicant is a business organization, a statement under
oath disclosing all of its owners, shareholders, partners, members,
managers, directors, officers, or other similarly situated individuals
and entities and their addresses. If any of the above are entities
rather than persons, the applicant must disclose the identity of the
owners of such entities until the disclosure contains the names of
individuals;
(e)
A certified list of all parties in interest entitled to notice
of the hearing for the special permit application, taken from the
most recent tax list of the City of Chicopee and certified by the
office of the Assessor;
(f)
Proposed security measures for the medical marijuana facility,
including lighting, fencing, gates and alarms, etc., to ensure the
safety of persons and to protect the premises from theft.
(4)
Mandatory findings. The special permit granting authority shall not
issue a special permit for a medical marijuana facility unless it
finds that:
(5)
Annual reporting. Each medical marijuana facility permitted under
this section shall, as a condition of its special permit, file an
annual report to and appear before the special permit granting authority
no later than January 31, providing a copy of all current applicable
state licenses for the facility and/or its owners.
(6)
A special permit granted under this section shall have a term limited
to the duration of the applicant's ownership of the premises as a
medical marijuana facility. A special permit granted under this section
shall run with the applicant only and may be transferred only with
the approval of the special permit granting authority in the form
of an amendment to the special permit along with all information required
in this section.
(7)
Any violation of this section shall be grounds for revocation of
a special permit issued under this section.
G.
Waiver.
(1)
The City Council, when granting a special permit under this section, may waive setback requirements as outlined in Subsection E above, provided the applicant submits its request in writing and can demonstrate the proposed site will not have an adverse effect upon the surrounding neighborhood. The City Council reserves the authority to require the applicant to produce necessary documentation to support its position. Further, a waiver of setback requirements shall require both the affirmative vote of 3/4 of all of the members of the City Council and shall require a separate vote apart from the main vote on the proposed site.
[Added 6-20-2017 by Ord.
No. 17-27]
A.
Definitions. As used in this section, the following terms shall have
the meanings indicated:
(1)
ADVERSE VISUAL IMPACT
SITE PLAN REVIEW AUTHORITY
SPECIAL PERMIT GRANTING AUTHORITY
ZONING ENFORCEMENT AUTHORITY
General definitions:
When an undertaking alters, directly or indirectly, the viewshed
from a property in a manner that would diminish that property's perceived
value.
Refers to the body of local government designated by the
municipality to review site plans. For the City of Chicopee, the Site
Plan Review Advisory Committee (SPRAC) serves as the site plan review
authority.
A body of local government designated by the municipality
to grant special permits. In the City of Chicopee, the City Council
holds such authority.
The board charged with enforcing the zoning bylaws. For the
City of Chicopee, the Building Commissioner serves as the zoning enforcement
authority.
(2)
GREENFIELD
PHOTOVOLTAIC SYSTEM (also referred to as PHOTOVOLTAIC INSTALLATION)
RATED NAMEPLATE CAPACITY
SOLAR ENERGY
SOLAR ENERGY SYSTEM, GRID-INTERTIE
SOLAR ENERGY SYSTEM, GROUND-MOUNTED
SOLAR ENERGY SYSTEM, LARGE-SCALE
SOLAR ENERGY SYSTEM, MEDIUM-SCALE
SOLAR ENERGY SYSTEM, OFF-GRID
SOLAR ENERGY SYSTEM, ROOF-MOUNTED
SOLAR ENERGY SYSTEM, SMALL-SCALE
Definitions (photovoltaic systems):
An area of agricultural or forest land, or some other undeveloped
site.
An active solar energy system that converts solar energy
directly into electricity.
The maximum rated output of electric power production of
the photovoltaic system in watts of direct current (DC).
Radiant energy received from the sun that can be collected
in the form of heat or light by a solar collector.
A photovoltaic system that is connected to an electric circuit
served by an electric utility.
An active solar energy system that is structurally mounted
to the ground and is not roof-mounted; it may be of any size (small-,
medium- or large-scale).
An active solar energy system that occupies more than 40,000
square feet of surface area (equivalent to a rated nameplate capacity
of about 250kW DC or greater).
An active solar energy system that occupies more than 1,750
but less than 40,000 square feet of surface area (equivalent to a
rated nameplate capacity of about 10250 kW DC).
A photovoltaic solar energy system in which the circuits
energized by the solar energy system are not electrically connected
in any way to electric circuits that are served by an electric utility.
An active solar energy system that is structurally mounted
to the roof of a building or structure; it may be of any size (small-,
medium- or large-scale).
An active solar energy system that occupies 1,750 square
feet of surface area or less (equivalent to a rated nameplate capacity
of about 10 kW DC or less).
(3)
BUILDING-INTEGRATED WIND ENERGY SYSTEM
UTILITY-SCALE WIND ENERGY FACILITY
WIND ENERGY FACILITY
WIND TURBINE
Definitions (wind systems):
A building-mounted wind energy conversion system that has
a manufacturer's rating of 10 kW or less and projects no more than
15 feet above the highest point on the roof and shall not be considered
a small wind energy system in terms of area and setback requirements.
This definition also covers, for the purposes of this zoning provision,
other wind energy systems primarily used for land-based applications
which may be permanently mounted and operated on a building.
A commercial wind energy facility, where the primary use
of the facility is electrical generation to be sold to the wholesale
electricity markets.
All of the equipment, machinery and structures together utilized
to convert wind to electricity. This includes, but is not limited
to, developer-owned electrical equipment, storage, collection and
supply equipment, service and access roads, and one or more wind turbines.
A device that converts kinetic wind energy into rotational
energy to drive an electrical generator. A wind turbine typically
consists of a tower, nacelle body, and a rotor with two or more blades.
B.
Purpose. The purpose of this section is to:
(1)
Promote the use of renewable energy systems, including the creation
of new large-scale ground-mounted solar photovoltaic installations
and wind energy facilities.
(2)
Provide standards for the placement, design, construction, operation,
monitoring, modification and removal of such installations that address
public safety and minimize impacts on scenic, natural and historic
resources and residential viewsheds.
(3)
Ensure adequate financial assurance for the eventual decommissioning
of such facilities.
C.
Applicability.
(1)
All renewable energy installations shall be installed in compliance
with the requirements of this section of the Chicopee City Code, state
and federal law, and the standards and procedures established by Chicopee
Electric Light (CEL) or Western Massachusetts Electric Company (WMECO).
This requirement pertains to physical modifications that alter the
type, configuration or size of installations pre-existing this section
and those installations permitted in accordance with this section.
This section also pertains to physical modifications that materially
alter the type, configuration or size of these installations or related
equipment.
(2)
Nothing in this section should be construed to prevent the installation
of accessory roof-mounted solar photovoltaic installations.
D.
Process. The following identifies those uses that are allowable and those that may be allowed only by special permit. The City Council is the special permit granting authority in accordance with Chicopee City Code, § 275-9. The construction and operation of all solar photovoltaic installations and wind energy facilities shall be consistent with all applicable local, state and federal requirements, including, but not limited to, all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation or wind energy facility shall be constructed in accordance with the State Building Code.
E.
Utility notification.
(1)
For installations that do not require a special permit: Prior to
issuance of a building and/or electrical permit, the installation
owner or operator must enter into an interconnection agreement with
the utility company that operates the electrical grid for which the
installation connection is proposed. Proof of the interconnection
agreement shall be presented to the Building Department with the permit
application. Projects that are not designed to connect to an electrical
grid are exempt but must comply with all other relevant requirements.
(2)
For installations requiring a special permit: No special permit applications
shall be accepted unless installation owners provide written proof
that they have notified the utility company that operates the electrical
grid for which the installation connection is proposed.
F.
Solar.
(1)
Production for on-site use. The following conditions shall apply
to all installations designed to convert solar energy into a power
source for residential, commercial, business and industrial uses where
the primary purpose of the system is to generate power for those uses.
These uses are permitted in any zoning district within the City.
(a)
Visual impact: All solar conversion installations shall be designed
and located to minimize adverse visual impacts, defined as "an undertaking
that alters directly or indirectly the viewshed from a property in
a manner that would diminish that property's perceived value." Adverse
visual impacts can be mitigated through a variety of actions in design,
construction and maintenance. The removal of the natural or existing
vegetation is the single most noticeable visual impact of a project
and shall be held to a minimum to achieve community acceptance. Clearing
only what vegetation is necessary for the construction can eliminate
or reduce the need to mitigate. However, proper sight distances, clear
zones and horizontal clearance requirements must be considered. All
abutting property shall be visually screened from the project through
any one or a combination of the following: location, distance, plantings,
existing vegetation (located on the same parcel as the installation)
and fencing (not to exceed six feet).
(b)
Pole-mounted installations: If solar conversion installations
are mounted on a pole or other apparatus separate from a principal
or accessory structure, said apparatus must comply with accessory
structure regulations within their respective zoning districts and
be set back from adjoining property lot lines at a ratio of one foot
of apparatus height to 0.5 foot of setback or a minimum of the underlying
setback requirement.
(c)
Rooftop installations: Rooftop solar conversion installations
that are not flush-mounted must not exceed the overall building height
limits of the underlying district. Height is measured to the highest
protruding point of the solar energy system at its fullest extension,
not to exceed five feet above the roofline.
(d)
Wall-mounted installations: If solar conversion installations
are mounted on building walls/facades, said installations must comply
with minimum setback requirements as detailed within the property's
respective zoning district.
(e)
Utility notification: Written proof that CEL or Eversource is
in discussions with the applicant regarding an interconnection agreement
must be submitted with all permit applications. No building or electrical
permits will be issued until the installation owner or operator enters
into an interconnection agreement with the utility company that operates
the electrical grid for which the installation connection is proposed.
Proof of the interconnection agreement shall be presented to the Building
Department with the permit application. Projects that are not designed
to connect to an electrical grid are exempt but must comply with all
other relevant requirements. Reasonable efforts, as determined by
the City Council with guidance from the Planning Department, shall
be made to place all utility connections from the solar photovoltaic
installation underground, depending on appropriate soil conditions,
shape, and topography of the site and any requirements of the utility
provider. Electrical transformers for utility interconnections may
be aboveground if required by the utility provider.
(2)
Production for off-site use. The construction of a solar energy system intended for off-site generation shall be as set forth in Chicopee City Code § 275-6 and shall comply with all requirements set forth herein.
(b)
Screening: Structures must be shielded from view and/or located
to avoid adverse visual impacts as deemed necessary by and in the
opinion of the Site Plan Review Advisory Committee.
[1]
Landscaping:
[a]
Plantings intended to provide screening shall be
evergreen, installed at a minimum of six feet in height measured from
the top of the root ball to the tip of the plant and spaced to create
a visual barrier.
[b]
Deciduous buffers: Deciduous or mixed deciduous
and evergreen buffers shall be a minimum of 40 feet wide and are counted
as part of the setback.
[2]
Natural features: Natural features and features designed to
appear as natural features may be employed as visual barriers. Existing
vegetation (located on the same parcel as the installation) must be
at least 40 feet in width and adequately dense to provide sufficient
screening.
[3]
Fencing: Fences shall be installed at a minimum of six feet
and shall be solid in appearance.
(c)
Setbacks: The purpose of setbacks is to mitigate adverse impacts
on abutting properties. For large-scale, ground-mounted solar photovoltaic
installations, front, side and rear setbacks shall be as follows:
[1]
Minimum of 50 feet.
[2]
Every abutting property shall be visually screened from the
project through any one or a combination of the following: landscaping,
existing vegetation and fencing (not to exceed eight feet). Fencing
in excess of eight feet requires a variance from the Chicopee Zoning
Board of Appeals.
(d)
Lighting: Lighting of parts of the solar energy system shall
be limited to that required for safety and operational purposes and
shall be designed to minimize glare on abutting properties and be
directed downward with full cutoff fixtures to reduce light pollution.
The City suggests the use of LED systems whenever possible to conserve
electricity.
(e)
Signage: Signs on the solar energy system shall comply with
the dimensional and setback requirements of the underlying zoning
regulations. Signage in districts with no signage requirements are
limited to two signs, three square feet in size, maximum of five feet
in height, and located in such a manner that there is an unobstructed
view of the street from an access drive. Signage required for safety,
emergency or by code is excluded from the signage requirements in
this section.
(f)
Appurtenant structures: All appurtenant structures to large-scale
ground-mounted solar photovoltaic installations shall be subject to
reasonable regulations as adopted by the Planning Board concerning
the bulk and height of structures, lot area, setbacks, open space,
parking and building coverage requirements. All such appurtenant structures,
including, but not limited to, equipment shelters, storage facilities,
transformers, and substations, shall be architecturally compatible
with each other. Whenever reasonable, structures should be shielded
from view by existing vegetation or plantings and/or joined or clustered
to avoid adverse visual impacts.
(g)
Parking: Reasonable on-site parking is required for vehicles that will service solar energy systems. Please refer to (parking and loading) § 275-40N(2)(v).
(h)
Consultants: Upon submission of an application for a renewable
energy installation requiring Site Plan Review Advisory Committee
Review, the permit granting authority will be authorized to hire outside
consultants, pursuant to MGL c. 44, § 53G. As necessary,
the applicant may be required to pay the consultant's fees.
(i)
Emergency services: The applicant shall provide a copy of the
project summary, electrical schematic, and site plan to local emergency
service providers, as designated by the Site Plan Review Advisory
Committee. Upon request, the applicant shall cooperate with local
emergency services in developing an emergency response plan. All means
of disconnecting the solar energy system shall be clearly marked.
The applicant or system owner shall maintain a phone number and identify
a responsible person for the public to contact with inquiries and
complaints throughout the life of the project. The owner or operator
shall be required to provide a secure, tamperproof storage box for
keys or other access tools at each locked entrance to the facility
and maintain a complete set of all keys or devices required to gain
emergency access to all areas, buildings and equipment of the facility.
The owner or operator shall designate a representative who is available
24 hours a day, seven days a week, to respond to emergency situations.
This individual shall be required to respond to an emergency situation
within 45 minutes of notification.
(j)
Security: The solar energy system shall be designed to prevent
unauthorized access. Access to electrical equipment shall be locked
where possible.
(k)
Operation and maintenance plan: The applicant shall submit a
plan for maintenance of access roads and stormwater controls, as well
as general procedures for operational maintenance of the solar energy
system. Site access shall be maintained to a level acceptable to the
local Fire Chief, Police Chief, Emergency Medical Services and Site
Plan Review Advisory Committee.
(l)
Land clearing, soil erosion and habitat impacts: Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation and per best management practices of natural areas or good husbandry of the land or forest otherwise prescribed by applicable laws, regulations and bylaws and defined by Massachusetts General Law Chapter 131, Section 140; 310 CMR, Wetlands Protection; and the Chicopee Stormwater Ordinance: City Code Chapter 231. The clearing of greenfields/undeveloped landscapes and the development of such facilities is highly discouraged.
(m)
Financial surety: Proponents of renewable energy projects shall
provide a form of surety, either through escrow account, bond or otherwise,
to cover the cost of removal or failure to maintain in the event the
City must maintain or dismantle, remove and properly dispose of the
facility and remediate the landscape, in an amount and form determined
to be reasonable by the Site Plan Review Advisory Committee, but in
no event to exceed more than 125% of the cost of removal and compliance
with the additional requirements set forth herein, as determined by
the applicant. Such surety will not be required for municipally or
state-owned facilities. The applicant shall submit a fully inclusive
estimate of the costs associated with removal and disposal, prepared
by a qualified engineer. The amount shall include a mechanism for
calculating increased removal and disposal costs due to inflation.
(n)
Abandonment and removal.
[1]
Abandonment: Absent notice of a proposed date of decommissioning
or written notice of extenuating circumstances, the installation shall
be considered abandoned when it fails to operate for more than one
year. If the owner or operator of the installation fails to remove
the installation in accordance with the requirements of this section
within 150 days of abandonment or the proposed date of decommissioning,
the City may enter the property and physically remove the installation.
[2]
Removal requirements: Any installation which has reached the
end of its useful life or has been abandoned shall be removed. The
owner or operator shall physically remove the installation no more
than 150 days after the date of discontinued operations. The owner
or operator shall notify the City of Chicopee by certified mail of
the proposed date of discontinued operations and plans for removal.
Decommissioning shall consist of:
[a]
Physical removal of all structures, equipment,
security barriers and transmission lines from the site.
[b]
Disposal of all solid and hazardous wastes in accordance
with local, state and federal waste disposal regulations.
[c]
Stabilization or revegetation of the site as necessary
to minimize erosion. The Site Plan Review Advisory Committee may allow
the owner or operator to leave landscaping or designated below-grade
foundations in order to minimize erosion and disruption to vegetation,
at its sole discretion.
G.
Wind.
(1)
Residential and business production - individual use. The following
conditions shall apply to all structures and devices designed to convert
wind energy into a usable power source for residential, commercial,
business and industrial uses where the primary purpose of the system
is to provide power for those uses:
(2)
Production for commercial sale. The following conditions shall apply
to all structures and devices designed to convert wind energy into
a usable power source for commercial sale:
(a)
Pole-mounted wind conversion systems are prohibited.
(b)
Building-integrated wind conversion systems are permitted. All
such systems shall have a protective shroud to contain projectiles
in the event of system malfunction.
(c)
No wind energy conversion system shall be erected, used or otherwise
employed if said device interrupts or disturbs radio or television
signal reception.
(d)
As per Chicopee Noise Ordinance: City Code § 200-2, no wind energy conversion system shall be erected, used or otherwise employed if said device results in the creation of any unreasonably loud, disturbing and unnecessary noise of such character, intensity and duration as to be detrimental to the life or health of any individual or contrary to the public welfare.
(e)
Monitoring and maintenance. The applicant shall maintain the
wind energy facility in good condition. Maintenance shall include,
but not be limited to, painting, structural repairs, emergency braking
(stopping) and integrity of security measures. Site access shall be
maintained to a level acceptable to the local Fire Chief and Emergency
Medical Services. The project owner shall be responsible for the cost
of maintaining the wind energy facility.
(f)
Abandonment or decommissioning: removal requirements. Any wind
energy facility which has reached the end of its useful life or has
been abandoned shall be removed. The owner/operator shall physically
remove the facility no more than 150 days after the date of discontinued
operations. Decommissioning shall consist of:
[1]
Physical removal of all wind turbines, structures, equipment,
security barriers and transmission lines from the site.
[2]
Disposal of all solid and hazardous wastes in accordance with
local, state, and federal waste disposal regulations.
[3]
Stabilization or revegetation of the site as necessary to minimize
erosion.
(g)
Financial surety. Applicants for commercial-scale wind energy
facilities shall provide a form of surety, either through escrow account,
bond or otherwise, to cover the cost of removal and disposal or failure
to maintain in the event the City must maintain or remove the facility
and remediate the landscape, in an amount and form determined to be
reasonable by the Site Plan Review Advisory Committee, but in no event
to exceed more than 125% of the cost of removal and compliance with
the additional requirements set forth herein, as determined by the
applicant. Such surety will not be required for municipally or state-owned
facilities. The applicant shall submit a fully inclusive estimate
of the costs associated with removal and disposal prepared by a qualified
engineer. The amount shall include a mechanism for calculating increased
removal costs due to inflation.
H.
Wood. The Board of Health signed the following regulation on the 22nd day of March, 2007. Pursuant to Massachusetts General Laws, Chapter 111, §§ 31 and 31C, it shall be unlawful to use, install and/or maintain outdoor wood-burning devices within the City of Chicopee, including, but not limited to, all outdoor wood-burning stoves, boilers and furnaces. For the purposes of this regulation, "outdoor wood-burning stoves, furnaces and boilers" shall mean wood-fired devices that are located outdoors and separate from the indoor building, structure or appliance to be heated, which heat water or air and then transport the same by pipe(s) to an indoor building, structure or appliance for the purpose of providing heat and/or hot water.
I.
If any provision of this section or the application thereof to any
person or circumstance shall to any extent be invalid or unenforceable,
the remainder of this regulation shall not be affected thereby, and
each other provision shall be valid and be enforceable to the fullest
extent permitted by law.
[Added 5-16-2017 by Ord.
No. 17-12; amended 7-3-2018 by Ord. No. 18-26]
A.
Purposes.
(1)
To provide for the placement of adult use marijuana establishments
in appropriate places and under specific conditions in accordance
with the provisions of Massachusetts General Law Chapter 94G, Regulation
of the Use and Distribution of Marijuana Not Medically Prescribed.
(2)
To minimize any adverse impacts of adult use marijuana establishments
on adjacent properties, dense or concentrated residential areas, schools
and other places where children congregate, and other sensitive land
uses.
(3)
To regulate the siting, design, placement, access, security, safety,
monitoring, modification and discontinuance of adult use marijuana
establishments.
(4)
To provide applicants, owners and operators with clear guidance regarding
adult use marijuana establishment siting, design, placement, access,
security, safety, monitoring, modification and discontinuance.
B.
Applicability.
(1)
No adult use marijuana establishment shall be permitted except in
compliance with the provisions of this section.
(2)
If any provision of this section or the application of any such provision
to any person or circumstance shall be held invalid, the remainder
of this section, to the extent it can be given effect, or the application
of those provisions to persons or circumstances other than those to
which it is held invalid, shall not be affected thereby, and to this
end the provisions of this section are severable.
C.
Definitions.
(1)
Refer to Commonwealth of Massachusetts 935 CMR 500.00 (Adult Use
of Marijuana) for a comprehensive list of definitions related to the
regulation of the adult use of marijuana. These definitions are hereby
adopted by the City of Chicopee as they pertain to this section.
(2)
ADULT USE MARIJUANA ESTABLISHMENTS NOT CONDUCTING SALES OPERATIONS
(LICENSE GROUP C)
ADULT USER
BUSINESS TO BUSINESS (B2B) ADULT USE MARIJUANA ESTABLISHMENTS
(LICENSE GROUP A)
BUSINESS TO CONSUMER (B2C) ADULT USE MARIJUANA ESTABLISHMENTS
(LICENSE GROUP B)
CANNABIS CULTIVATION
COMMUNITY HOST AGREEMENT
CRAFT MARIJUANA COOPERATIVE
INDEPENDENT TESTING AND STANDARDS LABORATORY
(a)
(b)
(c)
MARIJUANA CULTIVATOR
MARIJUANA ESTABLISHMENT
MARIJUANA PROCESS OR PROCESSING
MARIJUANA PRODUCT MANUFACTURER
MARIJUANA RESEARCH FACILITY
MARIJUANA RETAILER
MARIJUANA TRANSPORTER
(a)
(b)
MICROBUSINESS
SENSITIVE LAND USE
SOCIAL CONSUMPTION OPERATOR
SPECIAL PERMIT GRANTING AUTHORITY
Definitions. As used in this section, the following terms shall have
the meanings indicated:
An entity that engages in no adult use marijuana sales transactions
of any kind.
Any individual over the age of 21 years purchasing or consuming
marijuana.
Any entity that executes wholesale sales transactions involving
adult use marijuana or marijuana products between itself and a licensed
adult use marijuana establishment categorized as a marijuana retailer,
microbusiness, and/or social consumption operator.
Any entity that executes retail sales transactions involving
adult use marijuana or marijuana products between itself and the general
public or nonbusiness entities.
The use of land and/or buildings for planting, tending, improving,
harvesting, processing and packaging, the preparation and maintenance
of soil and other media and promoting the growth of cannabis by a
cannabis cultivator, microbusiness, research facility, craft marijuana
cultivator cooperative, registered marijuana dispensary or other entity
licensed by the Commission for cannabis cultivation. Such use is not
agriculturally exempt from zoning. The cultivation and processing
of medical marijuana in accordance with these regulations is considered
to be a manufacturing use and is not agriculturally exempt from zoning.
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.
A marijuana cultivator comprised of residents of the Commonwealth
and organized as a limited liability company, limited liability partnership,
or cooperative corporation under the laws of the Commonwealth. A cooperative
is licensed to cultivate, obtain, manufacture, process, package and
brand cannabis or marijuana products to transport marijuana to marijuana
establishments, but not to consumers.
A laboratory that is licensed by the Commission and is:
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;
Independent financially from any medical marijuana treatment
center (RMD), marijuana establishment or licensee for which it conducts
a test; and
Qualified to test cannabis or marijuana in compliance with 935 CMR 500.160 and MGL c. 94C, § 34.
An entity licensed to cultivate, process and package marijuana,
and to transfer marijuana to other marijuana establishments, but not
to consumers. Cultivator licensees (except for craft marijuana cooperative
licensees) may hold up to three licenses across the Commonwealth of
Massachusetts; however, the total plant canopy area authorized by
the licenses shall not exceed 100,000 square feet. Licensees shall
be partitioned into tiers based upon total plant canopy square footage
held across all licensed cultivation facilities within the Commonwealth
as outlined in the following table:
Tier 1
|
Up to 5,000 square feet
|
Tier 2
|
5,001 to 10,000 square feet
|
Tier 3
|
10,001 to 20,000 square feet
|
Tier 4
|
20,001 to 30,000 square feet
|
Tier 5
|
30,001 to 40,000 square feet
|
Tier 6
|
40,001 to 50,000 square feet
|
Tier 7
|
50,001 to 60,000 square feet
|
Tier 8
|
60,001 to 70,000 square feet
|
Tier 9
|
70,001 to 80,000 square feet
|
Tier 10
|
80,000 to 90,000 square feet
|
Tier 11
|
90,001 to 100,000 square feet
|
A marijuana cultivator, craft marijuana cooperative, marijuana
product manufacturer, marijuana retailer, independent testing laboratory,
marijuana research facility, marijuana transporter, or any other type
of licensed marijuana-related business, except a medical marijuana
treatment center.
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.
An entity licensed to obtain, manufacture, process and package
cannabis or marijuana products and to transfer these products to other
marijuana establishments, but not to consumers.
An entity licensed to engage in research projects by the
Massachusetts Cannabis Control Commission.
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.
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.
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
third party transporter.
EXISTING LICENSEE TRANSPORTERA marijuana establishment that contracts with other marijuana establishments to transport the establishment's marijuana and marijuana products to other marijuana establishments.
THIRD PARTY TRANSPORTERAn entity registered to do business in Massachusetts that does not hold another marijuana establishment license pursuant to 935 CMR 500.050 and is not registered as a registered marijuana dispensary pursuant to 105 CMR 725.
A co-located marijuana establishment that can be either a
Tier 1 marijuana cultivator or product manufacturer or both, in compliance
with the operating procedures for each license. A microbusiness that
is a marijuana product manufacturer may purchase no more than 2,000
pounds of marijuana per year from other marijuana establishments.
Any of the land use activities outlined in Subsection D(4), Required land use buffers, which require that any and all structures housing adult use marijuana establishments must locate beyond a specified spatial buffer requirement from the subject land use activity.
A marijuana retailer licensed to purchase marijuana and marijuana
products from marijuana establishment and to sell marijuana and marijuana
products on its premises only to consumers or allow consumers to consume
marijuana and marijuana products on its premises only.
D.
Eligible locations for adult use marijuana establishments.
(1)
Per 935 CMR 500: the cultivation of marijuana for adult use is excepted from definition as an agricultural operation and therefore does not qualify as an agricultural land use subject to City of Chicopee Zoning Code, Article III, Regulations Applicable to All Districts, § 275-35(B).
(2)
Any buffer requirement delineated in this section shall refer to
the distance between the closest point on a parcel line belonging
to a parcel upon which any of the sensitive land uses subjected to
buffer requirements are sited to the closest point of the adult use
marijuana facility's structural footprint.
(3)
Eligible zones (for specific zoning requirements, refer to City of Chicopee Zoning Ordinances, Chapter 275, Article IV, District Regulations). Adult use marijuana establishments, other than agricultural operations meeting exemption standards under MGL c. 40A, § 3, may be allowed by special permit issued by the special permit granting authority in the following locations, according to license type:
(a)
License Group A [Business to Business (B2B) Establishments]. Marijuana cultivator, craft marijuana cooperative: Industrial Zoning District (§ 275-62).
(b)
License Group B [Business to Consumer (B2C) Establishments]. Marijuana retailer, microbusiness, social consumption operator: Industrial (§ 275-62), Business A (§ 275-58), Business B (§ 275-59), or Business C (§ 275-60), Mixed Use (§ 275-65), Central Business District (§ 275-61), and Mill Conversion and Commercial Center Overlay (§ 275-67).
(c)
License Group C (establishments not conducting sales operations). Independent testing and standards laboratory, marijuana research facility, marijuana transporter: Industrial (§ 275-62), Business A (§ 275-58), Business B (§ 275-59), or Business C (§ 275-60), Mixed Use (§ 275-65), Central Business District (§ 275-61), Mill Conversion and Commercial Center Overlay (§ 275-67), and Commercial A (§ 275-56).
(4)
Required land use buffers.
Land Use Category
|
License Group A
(feet)
|
License Group B
(feet)
|
License Group C
(feet)
|
---|---|---|---|
School attended by children under the age of 18
|
500
|
500
|
250
|
Licensed childcare facility
|
500
|
500
|
250
|
Municipally owned park (not including nonvehicular paths)
|
500
|
500
|
250
|
Municipally owned park (including nonvehicular paths)
|
501
|
501
|
501
|
Boat ramp/slip/water access facilities
|
501
|
501
|
501
|
Playground or play field
|
500
|
500
|
250
|
Youth center
|
500
|
500
|
250
|
Other establishment regularly hosting youth under age 18
|
500
|
500
|
250
|
Churches (places of worship)
|
500
|
500
|
250
|
Libraries
|
500
|
500
|
250
|
Drug rehabilitation/detoxification facility
|
1,000
|
1,000
|
1,000
|
Boarding and/or lodging house
|
1,000
|
1,000
|
1,000
|
Prison or detention facility
|
1,000
|
1,000
|
1,000
|
1 Please refer to § 275-72D(4)(d)[2].
|
(a)
In accordance with 935 CMR 500.110(3): Security Requirements
for Marijuana Establishments, Buffer Zone, no adult use marijuana
establishment categorized under License Group A shall be located within
500 feet of the following preexisting structures or uses: any school
attended by children under the age of 18, licensed childcare facility,
municipally owned and operated park or recreational facilities (not
including bikeways, pedestrian paths, or other facilities primarily
used for nonvehicular modes of travel), churches or places of worship,
libraries, playground or play field, youth center, or other establishment
at which youth under the age of 18 usually congregate.
(b)
In accordance with 935 CMR 500.110(3): Security Requirements
for Marijuana Establishments, Buffer Zone, no adult use marijuana
establishment categorized under License Group B shall be located within
500 feet of the following preexisting structures or uses: any school
attended by children under the age of 18, licensed childcare facility,
municipally owned and operated park or recreational facilities (not
including bikeways, pedestrian paths, or other facilities primarily
used for nonvehicular modes of travel), churches or places of worship,
libraries, playground or play field, youth center, or other establishment
at which youth under the age of 18 usually congregate.
(c)
In accordance with 935 CMR 500.110(3): Security Requirements
for Marijuana Establishments, Buffer Zone, no adult use marijuana
establishment categorized under License Group C shall be located within
250 feet of the following preexisting structures or uses: any school
attended by children under the age of 18, licensed childcare facility,
municipally owned and operated park or recreational facilities (not
including bikeways, pedestrian paths, or other facilities primarily
used for nonvehicular modes of travel), churches or places of worship,
libraries, playground or play field, youth center, or other establishment
at which youth under the age of 18 usually congregate.
(d)
Other land use buffers.
[1]
No adult use marijuana establishment shall locate within 1,000
feet of any drug rehabilitation or detoxification facility, boarding
and/or lodging house, or prison or detention facility.
[2]
No adult use marijuana establishment shall locate within 50
feet of any municipally owned and operated park or recreational facilities
classified as a bikeway, pedestrian path, other facility primarily
used for nonvehicular modes of travel, or boat ramp/slip or water
access facility. There shall be no connection traversable by foot,
bike, or any mode of transportation established between any recreational
marijuana facility and any facility classified as a bikeway, pedestrian
path, or other facility primarily used for nonvehicular modes of travel.
[3]
All adult use marijuana establishments categorized under License Group A and License Group B shall install a densely-planted vegetated screen spanning the entire width of any parcel boundary abutting any residentially-zoned or residentially-used parcel and extending inwards on the establishment's parcel for a depth of not less than 100 feet. Any primary use or accessory use building related to the operations of an adult use marijuana establishment shall not be sited within the 100-foot screened buffer. The vegetated screen must be installed at a height of at least eight feet at the time of installation. The dense vegetated screen must be permanently maintained for the duration of the establishment's existence on the subject parcel. All adult use marijuana establishments categorized under License Group C shall follow screening requirements for the underlying zoning district. Refer to City of Chicopee Zoning Code, Article II, Administration and Enforcement, § 275-6, Site plan review, for regulations designating design and composition of vegetated screens.
[4]
Any and all lands or parcels owned, operated, managed or otherwise
subjected to proprietary control by the United States Federal Government
or its ancillary departments, including the United States Military,
via deed and/or title, shall be assumed to prohibit any and all establishments
conducting operations involving adult use marijuana and therefore
shall be excluded from locational eligibility analyses conducted by
the City of Chicopee.
(5)
Co-location. An adult use marijuana retailer, social consumption
operator, or microbusiness shall not be located in:
E.
General requirements and conditions for all marijuana establishments.
(1)
All adult use marijuana establishments shall be located within a
permanent building and may not be located in a trailer, cargo container,
motor vehicle or other similar nonpermanent enclosure. Adult use marijuana
establishments shall not have drive-through service.
(2)
No outside storage of marijuana, related supplies or promotional
materials is permitted.
(3)
All marijuana establishments shall be ventilated in such a manner
that:
(a)
No pesticides, insecticides, or other chemicals or products
used in cultivation or processing are dispersed into the outside atmosphere;
(b)
No odor from marijuana processing or consumption can be detected
by a person with an unimpaired and otherwise normal sense of smell
at the exterior of the adult use marijuana establishment or at any
adjoining use or property.
(4)
In no event shall marijuana retailers, social consumption operators, or microbusinesses be open and/or operating and dispensing product between the hours of 9:00 p.m. and 9:00 a.m. and not opening before 10:00 a.m. on Sundays, which is consistent with the operational requirements for licensed alcoholic beverage establishments outlined in MGL c. 138, § 12 (Licenses Authorizing Sale of Beverages to be Drunk on Premises et seq.).
(5)
Any social consumption establishment allowing on-site smoking or
burning of marijuana products must operate under the guidelines required
of a membership association, outlined in MGL c. 270, § 22(c)(2)
(Smoking in public places).
(6)
The special permit granting authority shall approve four special
permits for adult use marijuana establishments (License Group B) in
the City of Chicopee at a single moment in time.
(a)
The special permit granting authority reserves the right to
increase the number of special permits allowed in the City of Chicopee
through review of this section.
(7)
All adult use marijuana establishments shall comply with any and
all structural design requirements per Commonwealth of Massachusetts
935 CMR 500.
F.
Special permit requirements.
(1)
An adult use marijuana establishment may only be allowed by special permit granted by the special permit granting authority in accordance with MGL c. 40A § 9, subject to the following statements, regulations, requirements, conditions and limitations.
(2)
A special permit for a marijuana establishment shall be limited to
one or more of the following uses that shall be prescribed by the
special permit granting authority:
(3)
In addition to the application requirements set forth above, a special
permit application for an adult use marijuana establishment shall
include the following:
(a)
The name and address of owner(s) of the establishment;
(b)
Copies of all required draft or final license and permit applications
planned for submission by the applicant to the Commonwealth of Massachusetts
Cannabis Control Commission;
(c)
Copies of any existing licenses for adult use and/or medical
marijuana facilities within the Commonwealth of Massachusetts;
(d)
Evidence of the applicant's right to use the site of the proposed
property for the establishment, such as a purchase and sale agreement,
deed, owner's authorization, or lease;
(e)
Proposed security measures for the marijuana establishment,
including lighting, fencing, gates and alarms, etc., to ensure the
safety of persons and to protect the premises from theft. A letter
from the City of Chicopee Police Chief, or designee, acknowledging
review and approval of the marijuana establishment security plan is
required.
(f)
A certified list of all parties in interest entitled to notice
of the hearing for the Special Permit application, taken from the
most recent tax list of the City of Chicopee and certified by the
office of the Assessor; and
(g)
(h)
All site plans shall be referred to the Site Plan Review Advisory
Committee (SPRAC) for review by the special permit granting authority.
[2]
The SPRAC shall review the site plan and confirm that all conditions and requirements outlined in the City of Chicopee Zoning Code, Article II, Administration and Enforcement, § 275-6C(2)(b), Site plan review: Submission requirements, are met satisfactorily.
[3]
The SPRAC shall submit comments regarding the site plan which
may be designated as conditions of approval for incorporation in the
final approved application, should the SPRAC render that no comments
submitted by any reviewing parties necessitate substantial alterations
to the site plan and warrant a resubmission for SPRAC review.
(4)
Mandatory findings. The special permit granting authority shall not
issue a special Permit for a marijuana establishment unless it finds
that:
(a)
The establishment is designed to minimize any adverse impacts on abutters and other parties in interest, as defined in Subsection A, Purposes, of this section;
(b)
The applicant demonstrates to the satisfaction of special permit
granting authority that it will meet all the permitting requirements
of all applicable agencies within the Commonwealth of Massachusetts
and will comply with all applicable state laws and regulations. The
awarding of the special permit shall be contingent upon approval of
licensure by the Cannabis Control Commission; and
(c)
The applicant has satisfied all of the conditions and requirements
set forth herein.
(5)
Annual reporting. Each adult use marijuana establishment permitted
under this section shall, as a condition of its special permit, file
an annual report to and appear before the special permit granting
authority 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. Each adult use marijuana establishment permitted under
this section shall additionally provide all copies of reports submitted
to the Commonwealth of Massachusetts and inclusive of any and all
responses to said reports issued by the Commonwealth of Massachusetts
per adult use marijuana regulations.
(6)
A special permit granted under this section shall have a term limited
to the duration of the applicant's ownership, lease, or control of
the premises as an adult use marijuana establishment. A special permit
granted under this section shall run with the applicant only and may
be transferred only with the approval of the special permit granting
authority in the form of an amendment to the special permit along
with all information required in this section.
(7)
The City shall require a bond or deposit of money in order to guarantee
the establishment, upkeep and maintenance of the facility and grounds,
including any planted vegetated screen, through the duration of the
adult use marijuana establishment's tenure. All bonds and deposits
shall run with the applicant and shall be submitted to the City Solicitor
as to form for his/her approval prior to submission to the City Treasurer
for approval as to sufficiency and custody. Upon termination of the
establishment's tenure in the City, the applicant shall submit a written
petition to the Director of Planning and Development for the release
of the bond.
(8)
Any violation of this section shall be grounds for revocation of
a special permit issued under this section.
G.
Waiver. The special permit granting authority, when granting a special
permit under this section, may waive setback requirements as outlined
in this chapter, provided the applicant submits its request in writing
and can demonstrate the proposed site will not have an adverse effect
upon the surrounding neighborhood. The special permit granting authority
reserves the authority to require the applicant to produce necessary
documentation to support its position. Further, a waiver of setback
requirements shall require both the affirmative vote of 3/4 of all
of the members of the special permit granting authority and shall
require a separate vote apart from the main vote on the proposed special
permit.
H.
Licensing for current medical marijuana operations. A medical marijuana
facility licensed by the City of Chicopee shall be required to secure
a special permit from the special permit granting authority but shall
be exempt from the request for proposal requirement contained in this
chapter. Further, the special permit granting authority may allow
a medical marijuana facility licensed by the City of Chicopee to submit
a written opinion from the Director of Planning for the City of Chicopee
opining that said facility meets or exceeds the requirements of this
chapter when its application under this chapter.
I.
Request for proposals process.
(1)
The City of Chicopee shall only entertain approval of proposed adult
use marijuana licensees during a period of time in which license applications
are submitted during an open and public request for proposals (RFP)
process. This request for proposals process will be managed at the
sole discretion of the City of Chicopee.
(a)
The response to the request for proposals process shall be an
application package which shall include, but not be limited to, the
following required materials:
(b)
An approved application package submitted in response to the
request for proposals shall result in the endorsement of the applicant
for the submission of a special permit application to the special
permit granting authority.