Campgrounds shall conform to the minimum requirements
imposed under state licensing procedures and the following:
A. Recreational vehicle and tenting areas shall contain
approved water-carried sewage facilities and shall meet the following
criteria:
(1) Each recreational vehicle, tent or shelter site shall contain a minimum of 3,000 square feet of suitable land, not including roads and driveways for each site, except it shall be 5,000 square feet when within 250 feet of the normal high-water mark of water bodies referred to in §
140-12A and
B.
(2) Each recreational vehicle, tent or shelter site shall
be provided with a picnic table, trash receptacle and fireplace.
B. The area intended for placement of the recreational
vehicle, tent or shelter and utility and service buildings shall be
set back a minimum of 100 feet from the exterior lot lines of the
camping area.
D. Roads, parking, campsites and required facilities
shall be planned and shall be shown on the proposed plan which is
submitted for review and approval as a site plan review.
E. A soil erosion and sedimentation control plan meeting
the standards of the Maine Erosion and Sediment Control BMP Manual,
October 2016, or latest revision thereof shall be submitted. In addition
to data on soils, slopes and drainage, a vegetation map showing the
following items may be required:
[Amended 6-15-2009; 5-9-2023]
(1) The major types of vegetation should be identified
and described (as to age, height, openness or density and pattern,
either natural or reforested).
(2) New planting should be selected to provide screening
and shelter, to tolerate existing and proposed site conditions and
to blend compatibly with existing natural vegetation.
(3) All vegetative clearing should avoid creating straight-line
edges between open lands and surviving stands.
(4) Areas of activity and/or traffic should be sited so
as to avoid wildlife areas, such as thickets for birds and small mammals
or deer yards and trails.
The Planning Board may approve, after a minor
site plan review, the addition of one dwelling unit to an existing
single-family dwelling which is unable to comply with the dimensional
standards of this chapter. The use must comply with the following
standards:
A. The existing dwelling unit must have a minimum of
2,000 gross square footage of living area (cellars are not to be included
in such calculation) to be considered for an accessory apartment.
The accessory apartment shall not exceed 30% of the total living area
of the building.
B. Either the principal or accessory unit shall be owner-occupied.
Under this section, "owner-occupied" means that either the principal
dwelling unit or the accessory apartment is occupied by a person who
has a possessor interest in the real estate, who bears all or part
of the economic risk of decline in the value of the real estate and
who receives all or part of the remuneration, if any, derived from
the lease or rental of the other dwelling unit.
C. A "single-family dwelling," as contained in this section,
means the building proposed for conversion and any accessory building
attached as of the effective date of this chapter. Only one accessory
apartment shall be permitted per lot.
D. There will be no external expansion of the structure,
except for stairwells and elevators.
E. The dimensional standards found in Table B are waived with the exception of the standards for lot
coverage, residential, which can not be increased above set standards
or that which exists at the time of the proposed conversion, whichever
is greater.
F. The development must meet the shoreline frontage requirements outlined in Subsection
A(2) of §
140-46.
G. Any request for an accessory apartment shall conform
to all provisions of the Maine State Plumbing Code, and no dwelling
that is served by an on-site wastewater disposal system shall be modified
to create an accessory apartment until a site evaluation has been
conducted by a licensed soil evaluator which demonstrates that a new
system can be installed to meet the disposal needs of the dwelling
units or the existing system has adequate capacity for the proposed
use.
H. This provision shall not prohibit the conversion of
a single-family dwelling to a multiplex dwelling or the conversion
of a duplex dwelling to a multiplex dwelling so long as said conversion
complies with all district and zoning standards, including but not
limited to dimensional requirements.
I. When a dwelling which contains an approved accessory
apartment is vacated by the owner, the owner shall notify the Code
Enforcement Officer within 60 days. The Code Enforcement Officer shall
then, in writing, either reconfirm or void the site plan permit for
the accessory apartment. A reconfirmation shall determine that the
apartment conforms to the area specifications of the original approval
that all standards of this section are being met and that currently
prevailing health and safety requirements for apartments are also
being met. In the absence of a reconfirmation the site plan approval
is void.
J. Whenever the Planning Board approves an accessory apartment pursuant to this §
140-46.1, the Board shall prepare a certificate indicating the name of the current property owner, identifying the property by reference to the last recorded deed in its chain of title, indicating that the Board has approved the addition of one accessory apartment to a single-family dwelling and the date of such approval, setting forth the requirements of §
140-46.1 of this chapter and containing a notice that the approval will become void if the property ceases to comply with those requirements. The property owner shall cause the certificate to be recorded in the York County Registry of Deeds within 90 days of the date of Planning Board approval, or the approval shall be invalid.
No person or firm shall begin construction of
or erect a swimming pool without first obtaining a building permit.
The Code Enforcement Officer shall issue a permit only after satisfying
himself, from plans or specifications presented by the applicant,
that the proposed swimming pool will conform to the following requirements:
A. Pools to be kept enclosed. A fence shall be erected
and maintained around every swimming pool, except that portable above
ground swimming pools (those that can be drained and moved) with sidewalls
of at least 24 inches in height are exempt. Such fence shall be at
least four feet in height with no openings larger than four inches
and built as to deter children. A dwelling house or accessory building
may be used as part of this enclosure. All gates or doors opening
thorough this enclosure shall be capable of being securely fastened
at all times when no in actual use. All ladders shall be locked in
a position as to discourage access to children when pool is unattended.
B. Setback requirements. No swimming pool shall be constructed
closer than 10 feet to the side or rear lot line, nor closer to the
front line of any lot than would be permitted for buildings or other
structures by other provisions of this chapter. All mechanical equipment
for the purposes of filtering, heating, pumping, cleaning, filling,
draining or any other maintenance related activity shall not be located
closer to a property line than the minimum yard setbacks of the zoning
district in which the pool is located.
Agriculture and livestock for noncommercial
purposes, with the livestock and by-products to be used by the applicant
for their personal consumption, may be permitted in accordance with
this chapter.
A. All pastures, barns, barnyards and other areas where
the livestock, animals or fowl are kept, housed, fed or cared for
shall be a minimum of 100 feet from the nearest dwelling other than
the applicant's.
B. Uncovered manure shall be kept 150 feet from the nearest
dwelling other than the applicant's and 300 feet from any body of
water or well.
C. All feed and grain must be kept in enclosed rodent-proof
containers.
D. All paddocks, barnyards or other enclosures must be
adequately fenced to contain livestock, animals or fowl.
No garage or other accessory structure shall
be located in a required front yard. When located to the rear of the
main building, the accessory structure shall be set back at least
10 feet from the side or rear lot lines, provided that all accessory
structures, other than those that are water-oriented, shall be set
back at least 100 feet from the normal high-water elevation of a body
of water.
Automobile graveyards shall meet the following
standards:
A. A permit must be obtained from the municipal officers
after the Code Enforcement Officer has examined the following site
considerations.
B. Site considerations:
(1) No motor vehicles or material shall be located on
a sand and gravel aquifer or on an aquifer recharge area, as shown
on the Town's Aquifer Protection Maps available in the Town office.
(2) No motor vehicles or material shall be located within
the one-hundred-year floodplain, as mapped by the Federal Insurance
Administration, the Army Corps of Engineers or the United States Department
of Agriculture.
(3) A visual buffer capable of completely screening from
view all portions of the automobile graveyard or junkyard shall be
established and maintained along all property lines.
(4) No motor vehicles or material shall be stored within
500 feet of any dwelling or school.
(5) No motor vehicles or material shall be stored within
300 feet of any water body.
(6) All criteria described in 30 M.R.S.A. § 3755 must be met.
C. The applicant must also follow procedures outlined in §
140-77 and meet criteria described in §
140-77E, Criteria and standards.
D. Operational considerations. Upon receiving a motor
vehicle, the battery shall be removed, and the engine lubricant, transmission
fluid, brake fluid and engine coolant shall be drained into watertight,
covered containers. No discharge of any fluids from any motor vehicle
shall be permitted into or onto the ground.
[Amended 5-11-2009]
For traffic safety and immediately adjoining
each motel or hotel and to assure health, safety and welfare of occupants
and of the neighborhood generally, the following land, space, building,
traffic, utility and service design requirements shall be complied
with. For the purposes of this section, the terms "hotel" and "motel"
are used interchangeably.
A. The minimum lot size for any hotel shall contain not
less than three acres of total area. The minimum frontage shall be
10 times the posted speed limit of the most traveled way serving the
development but not less than 200 feet lot width at the street and
throughout the first 200 feet of depth of said lot back from the street.
Access driveways into the development shall be at an angle no less
than 30° and no more than 45° to facilitate movement of traffic
off the public way and onto the property. Driveways shall be separated
by a minimum of 100 feet. The curb radius of the intersection of the
driveway to public way shall be no less than 30 feet. Access and egress
drives shall not exceed a slope of 2% for the first 75 feet onto the
property.
B. No part of any building on a motel lot shall be closer
than 60 feet to the front lot line, rear lot line or either side line
of such lot. The green space shall not be used for automobile parking.
[Amended 11-22-2016]
C. Buildings on a motel lot shall not cover more than
15% of the area of the lot.
D. If cooking or eating facilities are provided in hotel
rental units, each rental unit shall be considered a dwelling unit
and the hotel shall be required to meet all the standards for multifamily
developments in this chapter, including the residential density requirements
of the appropriate district.
E. Each motel rental unit shall contain not less than
200 square feet habitable floor area enclosed by walls and roof, exclusive
of any adjoining portions of roofed or covered walkways. Each motel
rental sleeping room shall not be less than twelve-foot-by-fifteen-foot
horizontal dimensions, exclusive of bath. Each rental unit shall include
private bathroom facilities.
F. On each hotel lot, one apartment may be provided for
a resident owner, manager or other responsible staff person.
G. Hotel building construction plans shall be reviewed
and approved by the State Fire Marshal's office.
H. Parking stalls shall be designed to accommodate the
traveling public by a minimum stall width of 11 feet and stall depth
of 23 feet for perpendicular stalls. Angled stall parking width and
depth shall be increased by 10% and 25% above the standards contained
in this chapter.
I. All hotels shall be connected to the public sewer
and water systems.
[Amended 11-22-2016]
Public and private schools, colleges, churches,
fraternal organizations and not-for-profit clubs shall meet the provisions
below:
B. No building shall be closer than 50 feet to a property
line.
All recreation facilities shall meet the provisions
below:
A. There shall be provided adequate off-street parking
for the anticipated maximum attendance at any event.
B. Containers and facilities for rubbish collection and
removal shall be provided.
D. The proposed use shall not create a traffic hazard.
The Police Department shall review the location and site plans and
provide its comments to the Planning Board prior to or at the public
hearing.
Timber-harvesting operations shall meet the
following standards:
A. No permit is required for the cutting and removal
of up to 10 cords or 5,000 board feet of wood for personal use in
any calendar year.
B. No slash or other debris shall remain on the ground
within the right-of-way or within a distance of 50 feet from the nearest
edge of the right-of-way of any public road for more than 15 days
after accumulation.
C. No slash or other debris shall remain on the ground
within a distance of 25 feet from the boundary of land of another
for more than 15 days after accumulation.
D. No timber-harvesting operations or stockpiling will
take place in the Town right-of-way.
E. Within the public right-of-way of any new or proposed
entrance onto a public way a culvert approved by the Road Commissioner
may be required to ensure that the natural flow of drainage water
will not be interrupted and to protect the shoulder of the public
road.
F. Where yarding and loading operations are conducted
within 50 feet of the right-of-way, all debris remaining after such
operations shall be removed and the ground restored to its original
contour.
G. Any timber harvesting operation which will create
less than 50 square feet of residual basal area per acre is prohibited,
unless a statement from a licensed professional forester is provided
demonstrating that such a harvest is appropriate.
H. Within 50 feet of any public road, timber harvesting
shall be limited to selective cutting, which provides that cutting
will be limited to 50% of the basal area which existed prior to the
start of the operation.
I. The timber harvester shall conduct the operations
in such a way to minimize soil erosion and sedimentation of surface
waters. Operations shall conform to guidelines outlined in the book,
Erosion and Sediment Control Handbook for Maine Timber Harvesting
Operations, Best Management Practices, June 1991, prepared by the
Maine Forest Service.
J. Timber harvesting operations in the Shoreland Zone must conform to those standards outlined in §
140-48 of this chapter.
K. Timber harvesting shall conform to all applicable
state laws and regulations, unless local ordinances are more restrictive.
For any new dwelling in the R4 and/or R5 Districts
with frontage on an existing or proposed public way, the following
shall apply:
A. A fifty-foot vegetated buffer shall be retained along
all lot lines with frontage on the public way, with the exception
of driveways and clearings needed to meet safe sight distance requirements.
B. For the purposes of this section, a vegetated buffer
shall mean not more than 40% of the trees four inches in diameter
and larger, measured 4 1/2 feet above the ground, may be cut
in any ten-year period and a well distributed stand of foliage shall
remain to maintain the esthetic and rural character of the public
way.
C. If, due to topography, lot configuration or size,
septic system restrictions, lack of vegetation or other factors as
determined by the Code Enforcement Officer, such a buffer is not feasible,
the Planning Board shall hear the application as a minor site plan
review.
For any proposed principal use and/or principal building outside of the three-hundred-foot wellhead protection zone as described in §
140-12A(3)(g) but within a six-hundred-foot radius of the wellhead, a minor site plan application in accordance with §
140-77 shall be required. The Planning Board shall seek comments from the South Berwick Water District when reviewing such application.
[Added 1-14-2020; 9-14-2021]
All caregiver retail stores require site plan review and approval
from the Planning Board prior to the issuance of any building permit
or certificate of occupancy. The following performance standards are
to be used by the Planning Board in reviewing site plan applications
and compliance with the same shall serve as requirements for approval
of such site plans. Applicants will be responsible for associated
fees for site plan applications and licensing.
A. Hours of operation. Caregiver retail stores are limited to the same
hours of operation as those for similar establishments within the
zone in which they are located or as may be set forth in state statute.
When there is a conflict between statute and local zoning, the more
restrictive hours of operation shall apply.
B. Setbacks from schools. No caregiver retail stores may be allowed
within 1,000 feet of any existing public or private school. The distance
between the properties shall be calculated by direct measurement in
a straight line between the nearest property boundary of the school
to the nearest property line on which the caregiver retail store is
located. Based on the impact on neighboring areas, the Planning Board
may restrict the number of shifts and/or the hours of operation.
C. Separation of caregiver retail stores. No caregiver retail store
shall be sited within 500 feet of another caregiver retail store.
The distance between the properties shall be measured in a straight
line between the nearest property boundaries of the existing caregiver
retail store to the proposed caregiver retail store.
D. Storefront displays. A retail caregiver store shall not display medical
marijuana, medical marijuana products or paraphernalia in a manner
which can be seen from outside the approved and licensed premises.
E. Area of activities; control of odors and emissions; sealed walls;
disposal plan; security.
(1)
All activities of caregiver retail stores shall be conducted
indoors. Caregiver retail stores are not permitted to conduct outdoor
sales, displays or services of any kind.
(2)
Odor management. For all caregiver retail stores, the odor of
marijuana must not be detected outside the building, or off site,
i.e., must not be detected at premises that are not under the custody
or control of the establishment, including at the property line. To
prevent and control marijuana odors, an odor control plan shall be
submitted as part of the site plan application describing the odor(s)
originating or anticipated to originate at the premises and the control
technologies to be used to prevent such odor(s) from leaving the premises.
Any change to an approved odor control system will be considered an
amendment to the site plan and will require Planning Board approval.
If responding to odor complaints from a caregiver retail store, with
an approved odor control plan which is insufficient, the Town's Code
Enforcement Officer (CEO) may work with the operator to bring the
property into full compliance without Planning Board review. However,
the CEO shall inform the Board of the complaint/s, measures taken
to rectify, and when the property is in full compliance. The Board
may, review or modify the corrective action should it deem additional
actions are necessary to ensure full compliance. The odor control
plan shall, at a minimum, include the following:
(a)
A facility floor plan that identifies the locations of all odor-emitting
activities and sources. The plan shall also identify the location
of doors, windows, vents, HVAC systems, odor control systems and other
relevant information.
(b)
The Planning Board shall require the design of an odor control
system by a licensed mechanical engineer familiar with the control
of marijuana-related odors.
(3)
All caregiver retail stores shall have in place an operational
plan for proper disposal of marijuana and related byproducts in a
safe, sanitary and secure manner, and in accordance with all applicable
federal, state and local laws and regulations. Dumpsters and trash
containers must not be overflowing, and the surrounding area must
be kept free of litter and trash. All dumpsters and containers shall
be screened from public view. All trash receptacles on the premises
used to discard marijuana products must have a metal cover or lid
that is locked at all times when the receptacle is unattended and
security cameras must be installed to record activities in the area
of such trash receptacles.
(4)
Sufficient and appropriate security measures to deter and prevent
unauthorized entrance into areas containing marijuana and the theft
of marijuana must be provided at all times.
(a)
Security measures shall include, at a minimum, the following:
[1] Security surveillance cameras installed and operating
24 hours a day, seven days a week to monitor all entrances, along
with the interior and exterior of the premises, to retain for 30 days,
to discourage and facilitate the reporting of criminal acts and nuisance
activities occurring at the premises;
[2] Door and window intrusion robbery and burglary
alarm systems with audible and Police Department notification components
that are professionally monitored and maintained in good working order;
[3] A locking safe or its functional equivalent permanently
affixed to the premises that is suitable for storage of all medical
marijuana, medical marijuana product and cash stored overnight on
the premises;
[4] Exterior lighting that illuminates the exterior
walls of the premises and complies with applicable provisions of the
Code of Ordinances; and
[5] Deadbolt locks on all exterior doors and locks
or bars on any other access points (e.g., windows).
(b)
The South Berwick Chief of Police shall approve all security
arrangements prior to site plan approval. Such plan shall not be made
part of the public record for the protection of the store owner.
F. Sale of edible products. No food products shall be sold, prepared,
produced or assembled except in compliance with all operating and
other requirements of state and local law and regulation, including,
without limitation, food establishment licensing requirements. Any
goods containing marijuana for human consumption shall be stored in
a secure area.
G. Drive-through and home delivery. Caregiver retail stores are prohibited
from having drive-through pick-up facilities. Caregiver retail stores
and registered caregiver assistants may provide home delivery services
in accordance with state law.
H. All signage and advertising for any caregiver retail stores shall comply with all applicable provisions of §
140-26 of this chapter. Signage containing misleading or deceptive marketing or marketing towards individuals under the age of 21 is prohibited. State statutes, if amended, regarding signs, advertising and marketing shall be adhered to. If a conflict arises between the two standards the more restrictive standard shall apply.
I. Parking standards for a caregiver retail store shall be the same as for those of a retail store under §
140-24.
J. Inspections. The Code Enforcement Officer, Fire Chief, Police Chief
or their designees will inspect all caregiver retail stores establishments
prior to issuance of a certificate of occupancy. The initial inspection
shall occur after the establishment is ready for operation. No marijuana,
marijuana products or medical marijuana products will be allowed on
the premises until the inspection is complete and a certificate of
occupancy issued. Nothing herein shall prevent the above-named inspection
officers or their designees from inspecting the caregiver retail stores
at random intervals and without advance notice provided that the inspection
is during normal business hours of the establishment.
K. Change in ownership. If the owner of an existing, approved, medical
marijuana caregiver retail store seeks to transfer ownership or lease
to a different caregiver the following regulations apply:
(1)
The use of an approved building/property as a caregiver retail
store, will continue to be valid for a period of one year, from the
time that the operation under the existing caregiver/owner ceases
to the approval of a new owner/operator, providing all state and local
approvals for the new owner/operator are obtained prior to the issuance
of a new occupancy permit.
(2)
The proposed new owner/operator of the caregiver retail store
shall provide the Town's Code Enforcement Officer (CEO) a copy of
their business proposal which shall be reviewed and, if the proposal
is similar and compatible with the approved store the CEO may review
and approve the change in operator/ownership.
(3)
Should the CEO determine that the proposed use/operation of
the proposed store is significantly different from the Planning Board
approved plans, the CEO shall direct the applicant to seek approval
from the Planning Board.
L. Other laws remain applicable. All caregiver retail stores shall meet
all operating and other requirements of state and local law and regulation.
To the extent the State of Maine has adopted or adopts in the future
any stricter law, regulation or rule governing medical marijuana use
than these standards, the stricter law, regulation, or rule shall
control.
M. Fees. Applicable licensing/permitting/inspection fees as adopted
and amended by the Town Council, shall be paid, by the operator annually
or as established by the Town Council.
N. No person shall establish and operate a caregiver retail store without
first having obtained a license to conduct such a business from the
Town Council.
(1)
Applicant must provide evidence to the Town Council of all land
use approvals or conditional land use approvals required to operate
a caregiver retail store pursuant to this section, including but not
limited to, a building permit, conditional use approval, site plan
approval, or certificate of occupancy.
(2)
Each applicant for a new or renewal license shall complete and
file an application on a form prescribed by the Town Council, together
with a $1,500 for new, $750 for renewal nonrefundable application
fee required by this section and the following submissions:
(a)
A copy of the applicant's state license application, and supporting
documentation as filed with the state licensing authority and any
amendments thereto.
(b)
Evidence of all state approvals or conditional approvals required
to operate a marijuana establishment, including, but not limited to,
a state license as defined by this article, a state retail certificate,
documentation of the registered caregiver's valid Maine state issued
registry identification card, or a state health license.
(c)
If not included in the applicant's state license application,
attested copies of the articles of incorporation and bylaws, if the
applicant is a corporation, operating agreement if the applicant is
a limited liability company, evidence of partnership if the applicant
is a partnership, or articles of association and bylaws if the applicant
is an association.
(d)
If not included in the applicant's state license application,
an affidavit that identifies all owners, officers, members, managers,
or partners of the applicant, their ownership interests, and their
places of residence at the time of the application and for the immediately
preceding three years.
(e)
A copy of any state or municipal license held for any other
caregiver retail store owned or operated by the applicant or by any
officer, owner, subsidiary, member, manager, or partner of the applicant,
as well as any notices of violation received from the state or municipality
for such caregiver retail store and proof that any violation has been
resolved.
(3)
The Town Council shall issue licenses to operate caregiver retail
stores in the Town of South Berwick. Licenses issued under this section
shall be approved at a Town Council meeting to be held with public
notice and public hearing. The term of any license issued under this
section shall be one year from the date of approval. Applications
for any license shall be granted, granted with conditions, or denied
by the Town Council. Conditions may be imposed on any license issued
pursuant to this section as necessary to protect the health, safety,
and welfare of the public. Licenses shall be granted in the order
that qualified applicants submit a completed application plus the
nonrefundable application fee.
(4)
No license shall be granted by the Town Council until the Police
Chief, Fire Chief, Health Officer and Code Enforcement Officer have
all made positive recommendations regarding the applicant's ability
to comply with this section or any other applicable Town ordinance
or state or federal law enforced by such officials.
(5)
A license under this article shall be denied to the following
persons:
(a)
A person who fails to meet the requirements of this section.
Where an applicant is an entity rather than a natural person, all
natural persons with an ownership interest shall meet these requirements.
(b)
A person who has had a license for a caregiver retail store
revoked by the Town or by the state.
(c)
An applicant who has not acquired all necessary state approvals
and other required local approvals prior to the issuance of a license.
(6)
The Town Council may suspend or revoke a license for any violation
of this section or any other applicable building or life safety code
requirements. The Town may suspend or revoke a license if the licensee
has a state license for a caregiver retail store revoked suspended
or revoked by the state. The licensee shall be entitled to notice
and a hearing prior to any suspension or revocation.
(7)
Any license holder terminating or abandoning a license granted
under this section must file a notice of termination or abandonment
with the Town Clerk.
(8)
Licenses issued under this section are not transferable to a
new owner. Any change in ownership or change in the officers of any
corporation, limited liability company, partnership, or association,
as applicable, shall require a new license. A caregiver retail store
must obtain a new license within 90 days from a change in ownership
or will be in violation of this section. Licenses are limited to the
location for which they are issued and shall not be transferable to
a different location. A licensee who seeks to operate in a new location
shall acquire a new license for that location.
(9)
The Code Enforcement Officer is authorized to enforce the provisions
of this section. Violations of this section shall be subject to civil
penalties in the minimum amount of $100 and a maximum fine of $2,500.
Each day of a violation shall constitute a separate violation. Any
such fine may be in addition to any suspension or revocation imposed
in accordance with the provisions of this section. In any court action,
the Town may seek injunctive relief in addition to penalties. The
Town shall be entitled to recover its costs of enforcement, including
its attorney's fees.
[Added 8-17-2021]
In addition to the applicable performance standards found elsewhere
in this chapter, medical marijuana cultivation/growing facilities
shall comply with the following performance standards. In the event
that these standards conflict with other standards in the chapter,
the more stringent standards shall apply.
A. When submitting an application for site plan review for a medical marijuana cultivation/growing facility, the applicant shall submit the information required under §
140-44A(1) through
(5) in addition to the additional information contained within this section.
B. A medical marijuana cultivation facility operator shall provide sufficient
right, title, and interest in the property where the cultivation is
being undertaken. A medical marijuana cultivation facility operator
who does not own the property where the activity is proposed to take
place and who wants to operate a facility on leased/rented land shall
obtain written permission from the property owner. This document shall
be submitted to the Town as part of the major site plan application
and the annual licensing application.
C. No person shall establish and operate a medical marijuana cultivation/growing
facility without first having obtained a license to conduct such a
business from the Town Council.
(1)
Applicant must provide evidence to the Town Council of all land
use approvals or conditional land use approvals required to operate
a medical marijuana cultivation/growing facility pursuant to this
section, including but not limited to, a building permit, conditional
use approval, site plan approval, or certificate of occupancy.
(2)
Each applicant for a new or renewal license shall complete and
file an application on a form prescribed by the Town Council, together
with a $3,000 for new, $1,500 for renewal nonrefundable application
fee required by this section and the following submissions:
(a)
A copy of the applicant's state license application, if applicable,
and supporting documentation as filed with the state licensing authority
and any amendments thereto.
(b)
Evidence of all state approvals or conditional approvals required
to operate a marijuana establishment, including, but not limited to,
a state license as defined by this article, a state retail certificate,
documentation of the registered caregiver's valid Maine state-issued
registry identification card, or a state health license.
(c)
If not included in the applicant's state license application,
attested copies of the articles of incorporation and bylaws, if the
applicant is a corporation, operating agreement if the applicant is
a limited liability company, evidence of partnership if the applicant
is a partnership, or articles of association and bylaws if the applicant
is an association.
(d)
If not included in the applicant's state license application,
an affidavit that identifies all owners, officers, members, managers,
or partners of the applicant, their ownership interests and their
places of residence at the time of the application and for the immediately
preceding three years.
(e)
A copy of any state or municipal license held for any other
medical marijuana cultivation/growing facility owned or operated by
the applicant or by any officer, owner, subsidiary, member, manager
or partner of the applicant, as well as any notices of violation received
from the state or municipality for such medical marijuana cultivation/growing
facility and proof that any violation has been resolved.
(3)
The Town Council shall issue licenses to operate medical marijuana
cultivation/growing facilities in the Town of South Berwick. Licenses
issued under this section shall be approved at a Town Council meeting
to be held with public notice and public hearing. The term of any
license issued under this section shall be one year from the date
of approval. Applications for any license shall be granted, granted
with conditions, or denied by the Town Council. Conditions may be
imposed on any license issued pursuant to this section as necessary
to protect the health, safety, and welfare of the public. Licenses
shall be granted in the order that qualified applicants submit a completed
application plus the nonrefundable application fee.
(4)
No license shall be granted by the Town Council until the Police
Chief, Fire Chief, Health Officer and Code Enforcement Officer have
all made positive recommendations regarding the applicant's ability
to comply with this section or any other applicable Town ordinance
or state or federal law enforced by such officials.
(5)
A license under this article shall be denied to the following
persons:
(a)
A person who fails to meet the requirements of this section.
Where an applicant is an entity rather than a natural person, all
natural persons with an ownership interest shall meet these requirements.
(b)
A person who has had a license for a medical marijuana cultivation/growing
facility revoked by the Town or by the state.
(c)
An applicant who has not acquired all necessary state approvals
and other required local approvals prior to the issuance of a license.
(6)
The Town Council may suspend or revoke a license for any violation
of this section or any other applicable building or life safety code
requirements. The Town may suspend or revoke a license if the licensee
has a state license for a medical marijuana cultivation/growing facility
revoked suspended or revoked by the state. The licensee shall be entitled
to notice and a hearing prior to any suspension or revocation.
(7)
Any license holder terminating or abandoning a license granted
under this section must file a notice of termination or abandonment
with the Town Clerk.
(8)
Licenses issued under this section are not transferable to a
new owner. Any change in ownership or change in the officers of any
corporation, limited liability company, partnership, or association,
as applicable, shall require a new license.
(a)
A medical marijuana cultivation/growing facility must obtain
a new license within 90 days from a change in ownership or will be
in violation of this section. Licenses are limited to the location
for which they are issued and shall not be transferable to a different
location. A licensee who seeks to operate in a new location shall
acquire a new license for that location.
(9)
The Code Enforcement Officer is authorized to enforce the provisions
of this section. Violations of this section shall be subject to civil
penalties in the minimum amount of $100 and a maximum fine of $2,500.
Each day of a violation shall constitute a separate violation. Any
such fine may be in addition to any suspension or revocation imposed
in accordance with the provisions of this section. In any court action,
the Town may seek injunctive relief in addition to penalties. The
Town shall be entitled to recover its costs of enforcement, including
its attorney's fees.
D. All activities related to the medical marijuana cultivation facility
shall be conducted within an enclosed building or structure. This
includes all activities related to the cultivating/growing, harvesting,
drying, packaging, being conducted at the facility.
E. There shall be no outdoor marijuana cultivation, storage of materials,
equipment or products on the exterior of the premises. This includes
utilizing box trailers for the above purposes. All activities related
to the cultivation facility shall be completely located within the
Planning Board approved facility.
F. No monetary transactions or transfer of products, between the medical
marijuana growing facility operator and a medical marijuana cardholder/patient
may take place on the premises. There shall be no on-premises retail
sales of any marijuana product or marijuana-related paraphernalia
unless approved by the Planning Board as an approved "medical marijuana
caregiver retail store."
G. All medical marijuana cultivation facilities shall have major site
plan (MSP) approval from the Town's Planning Board and, if applicable,
a Town issued license has been issued prior to the commencement of
any marijuana cultivation related activities commence.
H. Setbacks from schools. No medical marijuana cultivation facility
shall be allowed within 500 feet of any existing public or private
school. The distance between the properties shall be calculated by
direct measurement in a straight line between the nearest property
boundaries of the sensitive use to the nearest property line in which
the medical marijuana cultivation facility is located.
I. Hours of operation. Cultivation facilities are limited to the same
hours of operation as those for similar establishments within the
zone in which they are located or as may be set forth in state statute.
When there is a conflict between statute and local zoning, the more
restrictive hours of operation shall apply. Based on the impact on
neighboring areas, the Planning Board may restrict the number of shifts
and/or the hours of operation.
J. Separation between cultivation facilities. No cultivation facility
shall be sited within 500 feet of another cultivation facility. The
distance between the properties shall be measured in a straight line
between the nearest property boundaries of the proposed cultivation
facility and an existing, approved, cultivation facility.
K. The applicant shall meet the noise standards set forth in §
140-28 for industrial property abutting all other properties.
L. All medical marijuana cultivation facilities shall include a Town-approved
odor control plan and a security plan including but not limited to:
(1)
Odor control plan. An operator of a medical marijuana cultivation
facility shall prepare and submit to the Town an odor control plan
specifying the engineering and administrative controls the facility
will use to prevent odors from being detected offsite. A mechanical
engineer, or other qualified professional, registered in the State
of Maine, shall certify the adequacy of the proposed ventilation and
odor control system to prevent odors from being detected beyond the
boundaries of the property. The Town may use contracted staff and
peer review escrow fees to review an odor control plan. No use shall
emit product odor across the lot lines in such quantity as to be readily
detectable at any point along the lot lines. The plans shall also
include:
(a)
A facility floor plan that identifies the locations of all odor-emitting
activities and sources. The plan shall also identify the location
of doors, windows, vents, HVAC systems, odor-control systems and other
relevant information.
(b)
The submittal of an odor-control system designed by a licensed
mechanical engineer familiar with the control of marijuana-related
odors.
(c)
If responding to odor complaints from a cultivation facility,
with an approved odor control plan which is insufficient, the Town's
Code Enforcement Officer (CEO) may work with the operator to bring
the property into full compliance without Planning Board review. However,
the CEO shall inform the Board of the complaint(s), measures taken
to rectify, and when the property is in full compliance. The Board
may, review or modify the corrective action should it deem additional
actions are necessary to ensure full compliance.
(2)
An operator of a medical marijuana cultivation facility shall
prepare an operations manual and safety plan. The operations manual
and safety plan shall describe, at a minimum, policies and procedures
for employee safety, product and building security, hours of operation,
storage and/or use of hazardous materials, including but not limited
to, chemicals and gases, waste management, contamination protocols,
and methods of distribution. The operations manual and security plan
shall be maintained at the facility and made available for inspection
upon request.
(3)
An alarm system which shall have door and window intrusion alarms
with audible and police notification components. Deadbolt locks on
all exterior doors and locks or bars on any other access points (e.g.,
windows).
(4)
Exterior security lighting such as spotlights with motion sensors
covering the full perimeter of the facility.
(5)
Video surveillance. Medical marijuana cultivation facilities
shall have recorded video surveillance covering all plants and the
entire exterior. The recorded video surveillance shall operate 24
hours a day, seven days a week. Records of surveillance shall be kept
for a minimum of 30 days and shall be made available to the Town's
Code Enforcement Officer, Police Department, and Fire Department upon
request.
(6)
The structure(s) where a medical marijuana cultivation facility
is operated shall meet all applicable requirements of the Town's building,
electrical, fire, and other health safety and technical codes. The
structure where a medical marijuana cultivation facility is operated
shall be constructed of building materials approved by the Code Enforcement
Department and Fire Chief, or their designees.
M. Waste disposal plan. All marijuana waste and/or residue from medical
marijuana cultivation facility shall be disposed of in conformance
with the Maine Medical Use of Marijuana Act, as appropriate solid
waste. Medical marijuana waste and/or residue from a medical marijuana
cultivation facility shall be in a secured waste receptacle in the
operator's possession and control. Waste and/or residue shall not
be placed in exterior refuse containers without first being made unusable
and unrecognizable through grinding and incorporating it with nonconsumable
solid wastes, such as paper, plastic, cardboard, food, grease, compost
activators, and/or soil, such that the resulting mixture is at least
50% nonmarijuana waste. Composting and fermenting on-site is allowed
if undertaken in accordance with state and local regulations.
N. All signage and advertising for any caregiver retail stores medical marijuana cultivation facilities shall comply with all applicable provisions of §
140-26 of this chapter and the Maine Medical Use of Marijuana Act, 22 M.R.S. § 2429-B. Signage containing misleading or deceptive marketing or marketing towards individuals under the age of 21 is prohibited. State statutes, as amended, regarding signs, advertising and marketing shall be adhered with. If a conflict arises between the two standards the more restrictive standard shall apply.
O. Inspections. The Code Enforcement Officer, Fire Chief, Police Chief
or their designees will inspect all medical marijuana cultivation
facilities prior to the issuance of a certificate of occupancy. The
initial inspection shall occur after the establishment is ready for
operation. No marijuana, marijuana products or medical marijuana products
will be allowed on the premises until the inspection is complete and
a certificate of occupancy issued. Nothing herein shall prevent the
above-named inspection officers or their designees from inspecting
the facility at random intervals and without advance notice provided
that the inspection is during normal business hours of the establishment.
P. Other laws remain applicable. All medical marijuana cultivating facilities
shall meet all operating and other requirements of state and local
law and regulation. To the extent the State of Maine has adopted or
adopts in the future any stricter law, regulation or rule governing
medical marijuana use than these standards, the stricter law, regulation
or rule shall control.
Q. Fees. Applicable licensing/permitting/inspection fees as adopted
and amended by the Town Council, shall be paid, by the operator annually
or as established by the Town Council.