Plympton City Zoning Code
ARTICLE IX
Recreational and Medical Marijuana Establishments
§ 300-9.1 Applicability; definitions.
A.
The Planning Board may grant a special permit authorizing a marijuana establishment or a medical marijuana facility as provided under § 300-4.1 of the Plympton zoning bylaws in conformance with the following regulations, conditions and limitations.
B.
No marijuana establishment or medical marijuana facility shall be established except in compliance with the provisions of this Article IX.
C.
Nothing in this Article IX shall be construed to supersede federal and state laws governing the sale and distribution of narcotic drugs; nor shall any special permit issued pursuant to this Article IX supersede federal, state or local laws.
D.
For the purpose of this section, the terms "medical marijuana facility", "marijuana establishment", "marijuana cultivator", "independent testing laboratory", "marijuana product manufacturer", "marijuana retailer", and "other type of licensed marijuana-related business" shall be as defined in Article XI, Definitions. Where not expressly defined in Article XI, all terms used herein shall be as defined in MGL c. 94G and 935 CMR 500 et seq.
§ 300-9.2 Purpose and intent.
The purposes of this Article IX are:
A.
To provide for the placement of marijuana establishments and medical marijuana facilities in appropriate places and under conditions in accordance with the provisions of MGL c. 94G.
B.
To protect the health, safety, and general well-being of Plympton residents, the public, patients seeking treatment, and customers seeking to purchase marijuana for recreational use, and patients seeking marijuana for medicinal purposes.
C.
To minimize any adverse impacts of marijuana establishments and medical marijuana facilities on abutters, residential neighborhoods, schools and other places where children congregate, historic districts, sensitive land uses and other land uses potentially incompatible with such facilities.
D.
To regulate the siting, design, security, safety, monitoring, modification, discontinuance, and quota of marijuana establishments and medical marijuana facilities.
E.
To limit the overall number of marijuana retailers that may be located within the Town to an appropriate amount, which shall not exceed 20% of the number of licenses issued within the Town for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138.
F.
To establish that on-premises consumption shall not be permitted unless the Town votes to authorize on-premises consumption pursuant to MGL c. 94G, § 3.
§ 300-9.3 General requirements and conditions.
The following restrictions shall apply to all uses under this Article IX:
A.
No marijuana establishment or medical marijuana facility shall be located within 500 feet of the property boundary line of any lot in use as a public or private pre-school, primary or secondary school, licensed day-care center, church, library, park, playground, or other marijuana establishment or medical marijuana facility, except for marijuana facilities that are owned or leased by the same operator. Distance shall be measured in a straight line from the nearest point of the property line in question to the nearest point of the property line where the marijuana establishment is or will be located. The Planning Board may reduce this minimum distance requirement as part of the issuance of a special permit in the following instances only:
(1)
Renewal of a special permit for an existing marijuana establishment or medical marijuana facility where the use described in Subsection A has been established after issuance of the original special permit.
(2)
Change of permit holder for an existing marijuana establishment or medical marijuana facility where the use described in Subsection A was established after issuance of the original special permit.
B.
A marijuana establishment that seeks to expand or alter its operations so as to come within a new class or subclass of marijuana establishment, as identified 935 CMR 500.050(d),[1] shall obtain a new special permit prior to undertaking such expansion or alteration.
[1]
Editor's Note: See the licenses classes listed in 935 CMR 500.050(1)(c).
C.
A medical marijuana facility licensed under 105 CMR 725 et seq.,[2] and that holds a special permit pursuant to § 300-9.4, shall obtain a new special permit prior to converting to a marijuana establishment or commencing any operations regulated by MGL c. 94G and 935 CMR 500 et seq.
[2]
Editor's Note: See now 935 CMR 501.000.
D.
A marijuana establishment or medical marijuana facility shall be located within a fully enclosed, permanent building and may not be located in a trailer, cargo container, motor vehicle or other similar nonpermanent enclosure.
E.
No medical marijuana facility or marijuana retailer shall have a net floor area of less than 2,500 square feet or more than 10,000 square feet.
F.
No medical marijuana facility shall 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.
G.
A marijuana establishment or medical marijuana facility shall not have drive-through service.
H.
A marijuana establishment or medical marijuana facility shall not be within a building containing residential units, including transient housing.
I.
No smoking, burning or consumption of any product containing marijuana or marijuana-related products shall be permitted on the premises of a marijuana establishment or medical marijuana facility except as may be authorized by 935 CMR 500 through 502 et seq. for purposes of cultivation, testing, research, or manufacturing.
J.
Marijuana, marijuana products, associated supplies, and/or promotional/advertising materials shall not be displayed or visible to a person from the exterior of a marijuana establishment.
K.
A marijuana establishment or medical marijuana facility shall not display signage or other marketing materials on the exterior of the building or in any manner visible from the public way, which, in the opinion of the Planning Board, may promote or encourage the use of marijuana or other drugs by minors.
L.
A medical marijuana facility shall post at a conspicuous location at the public entrance a sign that states: "Registration card issued by the MA Department of Public Health required." A marijuana retailer shall post at a conspicuous location at the public entrance a sign that states: "Only individuals 21 years of age or older, unless in possession of a registration card issued by the MA Department of Public Health." The required text for each such sign shall be a minimum of two inches in height.
M.
A marijuana establishment or medical marijuana facility shall be ventilated in such a manner that:
(1)
No pesticides, insecticides or other chemicals or products used in the cultivation or processing are dispersed into the outside atmosphere; and
(2)
No odor from marijuana or its processing can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the marijuana establishment/medical marijuana facility or at any adjoining property.
N.
The hours of operation of a marijuana establishment or medical marijuana facility shall be determined by the Planning Board as a condition of the special permit, but in no event shall a marijuana retailer or medical marijuana facility be open and/or operating between the hours of 8:00 p.m. and 8:00 a.m.
O.
Marijuana establishments and medical marijuana facilities shall provide and keep up-to-date contact information as required by Chief of Police, Building Inspector and Zoning Enforcement Officer, such as name, telephone number and electronic mail address of a contact person who must be available 24 hours a day, seven days a week and to whom one can provide notice if there are operating problems associated with the establishment or facility.
P.
All shipping and receiving areas shall serve the marijuana establishment or medical marijuana facility exclusively. In the case of a multi-use or multi-tenant site, the marijuana establishment or medical marijuana facility shall be laid out and designed to ensure separation from other uses or tenants at the site.
Q.
The marijuana establishment or medical marijuana facility shall have adequate water supply, stormwater systems, sewage disposal, and surface and subsurface drainage.
R.
The marijuana establishment or medical marijuana facility shall have adequate lighting, including night lighting that provides for monitoring or building and site security, including those measures to prevent diversion of marijuana and marijuana products cultivated outdoors.
§ 300-9.4 Special permits for medical marijuana facilities.
A.
A medical marijuana facility shall only be allowed by special permit from the Plympton Planning Board in accordance with MGL c. 40A, § 9, subject to the following statements, regulations, requirements, conditions and limitations. Only an applicant holding a valid certificate of registration from the Department of Public Health (DPH) or the Cannabis Control Commission (CCC) is eligible to apply for a special permit pursuant to this § 300-9.4.
B.
Applicants for a special permit pursuant to this § 300-9.4 are strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed application for a new medical marijuana facility and to discuss in general terms the proposed medical marijuana facility prior to the formal submission of an application.
C.
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:
(1)
Cultivation of marijuana for medical use (horticulture);
(2)
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;
(3)
Retail sale or distribution of marijuana for medical use to qualifying patients.
D.
In addition to the application requirements set forth in §§ 300-9.5 and 300-9.6 of this bylaw, a special permit application for a medical marijuana facility shall include the following:
(1)
A copy of its certificate of registration from the Massachusetts Department of Public Health or Cannabis Control Commission.
(2)
A copy of any waivers of regulations that the Department of Public Health or Cannabis Control Commission has issued to the applicant.
(3)
Copies of all policies and procedures approved by the Department of Public Health or Cannabis Control Commission, including without limitation the medical marijuana facility's operating procedures pursuant to 105 CMR 725.105(A) and 935 CMR 501.
(4)
The source or sources of all marijuana that will be sold or distributed at the proposed medical marijuana facility, if applicable.
(5)
The quantity of marijuana that will be cultivated, processed, and/or packaged at the medical marijuana facility, if applicable.
(6)
Names and addresses of each owner of the medical marijuana facility and, where the owner is a business entity, the names and addresses of each owner of the business entity. If any of the former 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.
(7)
If applicable, a copy of the applicant's articles of organization, a current certificate of legal existence from the commonwealth, and the most recent annual report.
(8)
Copies of all licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies.
(9)
Evidence that the applicant has site control and the right to use the proposed site as a medical marijuana facility. Such evidence shall be in the form of a deed, purchase and sale agreement, lease, or other legally binding document.
(10)
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 Town and certified by the Town Assessor.
(11)
In addition to what is otherwise required to be shown on a site plan pursuant to the § 300-6.7D, the applicant shall provide details showing all exterior proposed security measures for the premises, including lighting, fencing, gates and alarms, etc., to ensure the safety of persons and to protect the premises from theft or other criminal activity. The site plan shall further delineate various areas of the medical marijuana facility (indoors and outdoors) such as public access areas, employee-only access areas, storage, cultivation, preparation, waste disposal, administrative, transportation, loading and parking areas. Site plans and/or application narrative shall contain sufficient information so that the Planning Board can evaluate the design and operational standards contained in this § 300-9.4.
E.
Upon the filing of the special permit application with the Planning Board, the applicant shall simultaneously deliver copies of the full application to the Board of Selectmen, the Zoning Enforcement Officer, the Building Inspector, the Board of Health, the Police Department and the Fire Department.
F.
Special permit approval criteria. The special permit authority shall not issue a special permit for a medical marijuana facility unless it finds that the medical marijuana facility satisfies the requirements of § 300-7.1, this Article IX and the following additional special permit criteria:
(1)
The medical marijuana facility is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all state laws and regulations.
(2)
The proposed use is designed to minimize any adverse impacts on the residents of the Town, including, but not limited to, adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11.
(3)
The medical marijuana facility contains a secure indoor waiting area for qualifying patients.
(4)
The storage and/or location of cultivation of marijuana is adequately secured in enclosed, locked facilities within the medical marijuana facility.
(5)
The medical marijuana facility adequately addresses issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.
(6)
The applicant has satisfied all of the conditions and requirements of §§ 300-9.3 and 300-9.4 herein.
G.
Special permit conditions.
(1)
The Planning Board may impose reasonable conditions to improve site design, traffic flow, public safety, water quality, air quality, protection of significant environmental resources and the preservation of community character of the surrounding area, including, without limitation, the following:
(a)
Minimization of the impacts of increased noise and traffic.
(b)
Imposition of security precautions related to the high value of products and case transactions deterring the presence of unauthorized or ineligible persons at, or near, the medical marijuana facility.
(c)
Imposition of measures to prevent diversion of marijuana.
(d)
Conditions related to the design and construction of the facility to improve safety, security and conformance with community character.
(2)
The Planning Board shall include conditions concerning the following in any special permit granted pursuant to this article:
(a)
Hours of operation, including dispatch for any home delivery.
(b)
The reporting of any incidents to the Building Inspector and Planning Board as required pursuant to 105 CMR 725.110(f) and 935 CMR 501 within 24 hours of their occurrence. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.
(c)
The reporting of any cease-and-desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Department of Public Health or the Division of Administrative Law Appeals, as applicable, regarding the medical marijuana facility to the Building Inspector and the SPGA within 48 hours of the applicant's receipt.
(3)
The issuance of a special permit pursuant to this article shall also be subject to the following:
(a)
The special permit shall expire within five years of the date of issue. If the applicant wishes to renew the special permit, an application to renew must be submitted at least 120 days prior to the expiration of the special permit.
(b)
Special permits shall be limited to the original applicant(s) and shall expire on the date the special permit holder ceases operation of the medical marijuana facility.
(c)
The holder of a special permit shall annually (no later than January 31 of each year) file with the Zoning Enforcement Officer and the Town Clerk a copy of all current applicable state licenses for the facility and/or its owners and demonstrate continued compliance with the conditions of the special permit.
(d)
The holder of a special permit shall notify the Zoning Enforcement Officer and the Planning Board in writing within 48 hours of the cessation of operation of the medical marijuana facility or the expiration or termination of the permit holder's certificate of registration from the Department of Public Health or Cannabis Control Commission.
(e)
Special permits shall lapse upon the expiration or termination of an applicant's certificate of registration from the Department of Public Health or Cannabis Control Commission.
§ 300-9.5 Special permits for marijuana establishments.
A.
Only an applicant holding a valid license from the Cannabis Control Commission issued pursuant to MGL c. 94G and 935 CMR 500 et seq. is eligible to apply for a special permit pursuant to this section.
B.
Applicants for a special permit pursuant to this Article IX are strongly encouraged to meet with the Planning Board at a public meeting to discuss the proposed application for a new marijuana establishment and to discuss in general terms of the proposed marijuana establishment prior to the formal submission of an application.
C.
No special permit shall be issued until the applicant has held a community outreach hearing consistent with the Commission's Guidance for License Applicants on Community Outreach and 935 CMR 500.101(1)(a)(9) or (2)(b)(7)[1], unless the proposed use is exempt from the hearing requirement under the regulations.
[1]
Editor's Note: See 935 CMR 500.101(2)(h)(8) and (9).
D.
Application requirements. In addition to the standard special permit application form, an applicant for a special permit under this section for a marijuana establishment shall also submit the following:
(1)
A copy of the final, executed host community agreement (HCA) between the applicant and the Town of Plympton.
(2)
A written description of the status of its application to the Cannabis Control Commission relative to the establishment at issue, or a copy of such license, as applicable.
(3)
A list of any waivers of regulations that the applicant seeks to obtain from the Cannabis Control Commission, or a copy of any such waivers that the Commission has issued to the applicant, as applicable.
(4)
Copies of all policies and procedures approved by the Cannabis Control Commission, including without limitation the marijuana establishment's operating and safety procedures, or copies of such policies and procedures that the applicant intends to submit to the Commission, as applicable.
(5)
The quantity and source or sources of all marijuana and marijuana products that will be sold at the proposed marijuana establishment, as applicable.
(6)
The quantity of marijuana and marijuana products that will be cultivated, processed, manufactured, packaged, transported, tested, or studied at the marijuana establishment, as applicable.
(7)
Written statement confirming that no marijuana or marijuana products will be smoked, burned, or consumed on the premises as part of the cultivation, manufacturing, testing or researching operations, as applicable, or a statement explaining how any such uses have been authorized by the Commission.
(8)
Names and addresses of each owner of the marijuana establishment, and where the owner is a business entity, the names and address of each owner of that establishment.
(9)
If applicable, a copy of the applicant's articles of organization, a current certificate of legal existence from the commonwealth, and the most recent annual report.
(10)
Copies of all licenses and permits issued to the applicant by the Commonwealth of Massachusetts and any of its agencies.
(11)
Evidence that the applicant has site control and the right to use the proposed site as a marijuana establishment. Such evidence shall be in the form of a deed, purchase and sale agreement, lease, or other legally binding document.
(12)
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 Town and certified by the Town Assessor.
(13)
In addition to what is otherwise required to be shown on a site plan pursuant to § 300-6.7D, the applicant shall provide details showing all exterior proposed security measures for the premises, including but not limited to lighting, fencing, gates and alarms to ensure the safety of employees and patrons and to protect the premises from theft or other criminal activity. The site plan shall further delineate various areas of the marijuana establishment (indoors and outdoors) such as public access areas, employee-only access areas, storage, cultivation, preparation, waste disposal, administrative, transportation, loading and parking areas. Site plans and/or application narrative shall contain sufficient information so that the Planning Board can evaluate the design and operational standards contained in this Article IX.
E.
Upon the filing of the special permit application with the Planning Board, the applicant shall simultaneously deliver copies of the full application to the Board of Selectmen, the Zoning Enforcement Officer, the Building Inspector, the Board of Health, the Police Department and the Fire Department.
F.
Special permit approval criteria. The special permit authority shall not issue a special permit for a marijuana establishment unless it finds that the marijuana establishment satisfies the requirements of § 300-7.1, this Article IX and the following additional special permit criteria:
(1)
The marijuana establishment is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all state laws and regulations; provided, however, that issuance of a valid license pursuant to MGL c. 94G may be a condition of the special permit.
(2)
The proposed use is designed to minimize any adverse impacts on the residents of the Town.
(3)
For a marijuana retail establishment, there shall be a secure indoor area for all customers.
(4)
The marijuana establishment adequately addresses issues of vehicular and pedestrian traffic, circulation and parking, especially during peak periods at the facility, and adequately mitigates the impacts of vehicular and pedestrian traffic on neighboring uses.
G.
Special permit conditions.
(1)
In addition to compliance with MGL c. 94G and 935 CMR 500 et seq., the Planning Board may impose reasonable conditions to improve site design, traffic flow, public safety, water quality, air quality, protection of significant environmental resources and the preservation of community character of the surrounding area, including, without limitation, the following:
(a)
Minimization of the impacts of increased noise and traffic.
(b)
Imposition of security precautions related to the high value of products and case transactions.
(c)
Deterring the presence of unauthorized or ineligible persons at, or near, the marijuana establishment.
(d)
Imposition of measures to prevent diversion of marijuana and marijuana products.
(e)
Conditions related to the design and construction of the facility to improve safety, security and conformance with community character.
(f)
Conditions, consistent with the State Building Code, relating to energy efficiency and conservation.
(2)
The Planning Board shall include conditions concerning the following in any special permit granted pursuant to this section:
(a)
Hours of operation, including dispatch for any home delivery.
(b)
Compliance with the host community agreement.
(c)
The submission of a copy of the license from the Cannabis Control Commission with the Planning Board and the Building Inspector prior to the issuance of a building permit, certificate of occupancy, or commencement of use, whichever occurs first.
(d)
The reporting of any incidents to the Building Inspector as required pursuant to 935 CMR 500.110(7)[2] within 24 hours of their occurrence. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.
[2]
Editor's Note: See 935 CMR 500.110(9).
(e)
The reporting of any cease-and-desist order, quarantine order, suspension order, limiting sales order, notice of hearing or final action by the Cannabis Control Commission or the Division of Administrative Law Appeals, as applicable, regarding the marijuana establishment to the Building Inspector within 48 hours of the applicant's receipt.
(f)
Copies of all reports submitted to any state agency, including, but not limited to, the reports required by 935 CMR 500.105(10)(d) describing the establishment's liability insurance coverage and the annual security system audits required by 935 CMR 500.110(8) shall be submitted to the Planning Board within five business days of submission to the state. Such reports may be redacted as necessary to comply with any applicable state or federal laws or regulations.
(g)
Documentation to the Planning Board that each marijuana establishment agent has completed training regarding the proper handling of marijuana prior to performing job functions. Such documentation must be provided to the Board within five business days of the completion of such training. Annually, the establishment shall provide documentation to the Planning Board and the Board of Selectmen that all marijuana establishment agents have received at least eight hours of ongoing training.
(3)
The issuance of a special permit pursuant to this section shall also be subject to the following:
(a)
The special permit shall expire within five years of the date of issue. If the applicant wishes to renew the special permit, an application to renew must be submitted at least 120 days prior to the expiration of the special permit.
(b)
The holder of a special permit shall annually file an affidavit with the Building Inspector demonstrating that it is in good standing with respect to its license from the Cannabis Control Commission and any other applicable state licenses.
(c)
The holder of a special permit shall notify the Zoning Enforcement Officer and the Planning Board in writing within 48 hours of the cessation of operation of the marijuana establishment or the expiration or termination of the permit holder's license from the Department of Public Health.
(d)
Special permits shall lapse upon the expiration or termination of an applicant's license from the Cannabis Control Commission.
§ 300-9.6 Lapse of permit; transfer of license; discontinuance of use.
A.
A special permit for a marijuana establishment or medical marijuana facility shall lapse if not exercised within one year of issuance.
B.
A special permit granted under this Article IX shall have a term limited to the duration of the applicant's ownership of the premises as a marijuana establishment or medical marijuana facility. A special permit may be transferred only with the approval of the special permit granting authority in the form of an amendment to the special permit with all information required in this Article IX.
C.
A permit granted under this Article IX shall include a requirement that the applicant post a bond at the time of construction to cover costs for the removal of the marijuana establishment or medical marijuana facility in the event the Town must remove the facility. The value of the bond shall be based upon the ability to completely remove all the items noted in § 300-9.6D below and properly clean the facility at prevailing wages. The value of the bond shall be developed based upon the applicant providing the Planning Board with three written bids to meet the noted requirements. An incentive factor of 1.5 shall be applied to all bonds to ensure compliance and adequate funds for the Town to remove the facility at prevailing wages.
D.
Any marijuana establishment or registered marijuana dispensary permitted under this Article IX shall be required to remove all material, plants, equipment and other paraphernalia in compliance with 105 CMR 725.105(J) and (O) prior to the expiration of its Department of Public Health (DPH) registration or Cannabis Control Commission license, immediately following revocation or voiding of its DPH registration, following the expiration, revocation or voiding of its license issued by the Cannabis Control Commission, or within six months of ceasing operations, whichever comes first.
§ 300-9.7 Quota.
All applications for a special permit pursuant to this Article IX shall be acted upon in the order in which they are filed. The Planning Board shall limit the number of special permits issued for marijuana retailers such that the total number of active special permits for marijuana retailers shall not exceed 20% of the number of licenses issued within Plympton for the retail sale of alcoholic beverages not to be drunk on the premises where sold under MGL c. 138, § 15. Said number shall be rounded up to the next whole number. The Planning Board shall limit the number of special permits issued for marijuana establishments other than marijuana retailers to one.
§ 300-9.8 Accessory use marijuana establishments or medical marijuana facilities prohibited.
Use of property as a marijuana establishment or medical marijuana facility shall necessarily be deemed a principal use for purposes of the Zoning Bylaw, and shall be permitted exclusively in accordance with this Article IX. No marijuana establishment may be allowed within Town on the basis that such use qualifies as a permissible accessory use.
