Borough of Stroudsburg, PA Part 6A SPECIAL REQUIREMENTS FOR SPECIFIC USES

§ 27-6A01 Medical Marijuana Facilities.

[Added by Ord. No. 1075, 4/16/2019]

1. Purpose. The purpose of this section is to establish a process and standards for establishing, constructing and operating medical marijuana facilities, pursuant to the Pennsylvania Medical Marijuana Act (PA Act No. 16, 2016),[1] to allow for the integration of an allowed industry while providing for the protection of the public's health, safety, morals and general welfare.

[1] Editor's Note: See 35 P.S. § 10231.101 et seq.

2. Academic Clinical Research Centers.

A. An academic clinical research center may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility is prohibited in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

B. All external lighting serving an academic clinical research center shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

C. Parking requirements shall follow the parking schedule found in § 27-701 of the Zoning Ordinance as listed for public or private educational institution use.

D. A buffer planting is required where an academic clinical research center adjoins a residential use or district.

3. Medical Marijuana Grower/Processor.

A. A medical marijuana grower/processor may only grow medical marijuana in an indoor, enclosed, and secure building which includes electronic locking systems, electronic surveillance and other features required by the DOH. The grower/processor facility is prohibited in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

B. The floor area of a medical marijuana grower/processor shall include enough space for production, secure storage of marijuana seed, related finished product cultivation, and marijuana related materials and equipment used in production and cultivation or for required laboratory testing.

C. There shall be no emission of dust, fumes, vapors, odors, or waste into the environment from any facility where medical marijuana growing, processing or testing occurs.

D. Marijuana remnants and by-products shall be secured and properly disposed of in accordance with the DOH policy and shall not be placed within any unsecure exterior refuse containers.

E. The grower/processor shall provide only wholesale products to other medical marijuana facilities. Retail sales and dispensing of medical marijuana and related products is prohibited at medical marijuana grower/processor facilities.

F. All external lighting serving a medical marijuana grower/processor shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

G. Parking requirements shall follow the parking schedule found in § 27-701 of the Zoning Ordinance as listed for a manufacturing use.

H. A buffer planting is required where a medical marijuana grower/processor adjoins a residential use or district.

I. Entrances and driveways to a medical marijuana grower/processor shall be designed to accommodate the anticipated vehicles used to service the facility.

(1) All accesses shall secure the appropriate highway occupancy permit (state or Borough).

(2) The clear sight triangle found in § 27-610 of Zoning Ordinance shall be considered and maintained.

(3) The driveway shall be designed and improved to the standards expressly described in §§ 27-702 and 27-703 of Zoning Ordinance.

J. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it shall be from within a secure environment.

4. Medical Marijuana Transport Vehicle Service.

A. All external lighting serving a medical marijuana transport vehicle service shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

B. Parking requirements shall follow the parking schedule found in § 27-701 of the Zoning Ordinance as listed for wholesale and warehousing use.

C. A buffer planting is required where a medical marijuana transport vehicle service adjoins a residential use or district.

D. Entrances and driveways to a medical marijuana transport vehicle service shall be designed to accommodate the anticipated vehicles used to enter and exit the premises.

(1) All accesses shall secure the appropriate highway occupancy permit.

(2) The clear sight triangle found in § 27-610 of Zoning Ordinance shall be considered and maintained.

(3) The driveway shall be designed and improved to the standards expressly described in §§ 27-702 and 27-703 of Zoning Ordinance.

E. If for some reason a medical marijuana product is to be temporarily stored at a medical marijuana transport vehicle service facility, the facility shall be secured to the same level as a medical marijuana grower/producer and dispensary.

F. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it shall be from within a secure environment.

5. Medical Marijuana Dispensary.

A. A medical marijuana dispensary shall be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

B. A medical marijuana dispensary may only dispense medical marijuana in an indoor, enclosed, permanent, and secure building and is prohibited in a trailer, cargo container, mobile or modular unit, mobile home, recreational vehicle or other motor vehicle.

C. A medical marijuana dispensary may not operate on the same site as a facility used for growing and processing medical marijuana.

D. Medical marijuana dispensaries shall have a single secure public entrance and shall implement appropriate security measures to deter and prevent the theft of marijuana and unauthorized entrance into areas containing medical marijuana.

E. A medical marijuana dispensary shall be used for secure storage of product and shall have an interior customer waiting area equal to a minimum of 25% of the gross floor area.

F. A medical marijuana dispensary shall:

(1) Not have a drive-through service;

(2) Not have outdoor seating areas;

(3) Not have outdoor vending machines;

(4) Prohibit the administering of, or the consumption of, medical marijuana on the premises; and

(5) Not offer direct or home delivery service.

G. A medical marijuana dispensary may dispense only medical marijuana to certified patients and caregivers and shall comply with all lawful, applicable health regulations.

H. A medical marijuana dispensary may not be located within 500 feet of the property line of a public, private or parochial school or a day-care center. This distance shall be measured in a straight line from the closest exterior wall of the building or portion thereof in which the business is conducted or proposed to be conducted, to the closest property line of the protected use, regardless of municipality in which it is located.

I. A medical marijuana dispensary shall be a minimum distance of 1,000 feet from the next nearest medical marijuana facility. This does not include complementing or supporting businesses covered by different definitions. This distance shall be measured in a straight line from the closest exterior walls of the buildings or portions thereof in which the businesses are conducted or proposed to be conducted, regardless of municipality in which it is located. This separation distance does not apply to the distance between the grower/processor or academic clinical research centers and the specific dispensary they serve, or with which they partner.

J. Any medical marijuana facility lawfully operating shall not be rendered in violation of these provisions by the subsequent location of a public, private or parochial school or a day-care center.

K. All external lighting serving a medical marijuana dispensary shall be shielded in such a manner to not allow light to be emitted skyward or onto adjoining properties.

L. Parking requirements shall follow the parking schedule found in § 27-701 of Zoning Ordinance as listed for medical and dental offices including outpatient clinics.

M. A buffer planting is required where a medical marijuana dispensary adjoins a residential use or district.

N. Entrances and driveways to a medical marijuana dispensary shall be designed to accommodate the anticipated vehicles used to service the facility.

(1) All accesses shall secure the appropriate highway occupancy permit.

(2) The clear sight triangle found in § 27-610 of Zoning Ordinance shall be considered and maintained.

(3) The driveway shall be designed and improved to the standards expressly described in §§ 27-702 and 27-703 of Zoning Ordinance.

O. Loading and off-loading areas within the structure are preferred. If an external loading dock arrangement is designed, it should be from within a secure environment.

6. Building and Zoning Permits/Approvals.

A. A zoning permit shall be required prior to obtaining a building permit for the construction or erection of a building; the alteration of a building or portion thereof; the use or change in use of a building or land; or any adjustments to a nonconforming use.

B. The Stroudsburg Borough zoning permit application shall be completed.

C. Permit fees shall be as stipulated in the fee schedule adopted by resolution of the Stroudsburg Borough Council in effect at the time of application.

D. Permits may be denied if the applicant is failing to comply with any state or local law or regulation.

E. In the case of new construction, meeting the Pennsylvania MPC[2] definition, land development plan application is required to be submitted and an approval secured, prior to establishment of the use.

[2] Editor's Note: See 53 P.S. § 10101 et seq.

F. If the application is to change the use of a building or needs to demonstrate allocation of space within a structure, the applicant shall provide architectural drawings prepared by an architect registered in the Commonwealth of Pennsylvania.

G. A medical marijuana grower/processor shall be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.

7. Any owner, operator, or other person who violates or permits a violation of this section shall, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, pay to the Stroudsburg Borough a fine of not more than $500, plus all court costs, including but not limited to reasonable attorney's fees incurred by the Stroudsburg Borough on account of such violation. No penalty or cost shall be imposed until the date the determination of the violation by the Magisterial District Judge becomes final. If the defendant neither pays nor timely appeals the judgment, the Stroudsburg Borough may enforce the judgment as provided by law. Each day a violation exists after final judgment shall constitute a separate offense. The amount of the fine imposed shall be multiplied by the number of such days and may be charged and collected by the Stroudsburg Borough without further judicial proceedings. Further, the appropriate officers or agents of the Stroudsburg Borough are hereby authorized to issue a cease and desist notice and/or to seek equitable relief, including injunction, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Borough. A person who violates this section shall also be responsible for the Borough attorney's fees, engineering fees, expert fees and court costs reasonably incurred by the Borough on account of such violation.