MapLink™ | Procedures | Medical Marijuana Facilities

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Medical Marijuana Facilities
1. Use Regulations.
A. Medical Marijuana Grower/Processor.
(1) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(a) Each point of access or driveway shall be subject to an appropriate highway occupancy permit.
(b) The clear sight triangle found in Part 8: GENERAL REGULATIONS§ 27-803: Special Lot and Yard Requirements; Sight Distance; Buffer Yards, § 27-8033, of this chapter must be provided and maintained.
(c) The access drive/driveway must be designed and improved to the standard expressly described in Part 6: OFF-STREET PARKING AND LOADING, § 27-603: Design Standards for Off-Street Parking§ 27-6034, of this chapter.
B. Medical Marijuana Transport Vehicle Service.
(1) A traffic impact study is required when an office is operated.
(2) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(a) Each point of access or driveway shall be subject to an appropriate highway occupancy permit.
(b) The clear sight triangle found in Part 8: GENERAL REGULATIONS, § 27-803: Special Lot and Yard Requirements; Sight Distance; Buffer Yards, § 27-8033, of this chapter must be considered and maintained.
(c) The driveway must be designed and improved to the standard expressly described in Part 6: OFF-STREET PARKING AND LOADING, § 27-603: Design Standards for Off-Street Parking, § 27-6034, of this chapter.
C. Medical Marijuana Dispensary.
(1) Entrances and driveways to a medical marijuana grower/processor must be designed to accommodate the anticipated vehicles used to service the facility.
(a) Each point of access or driveway shall be subject to an appropriate highway occupancy permit.
(b) The clear sight triangle found in Part 8: GENERAL REGULATIONS, § 27-803: Special Lot and Yard Requirements; Sight Distance; Buffer Yards, § 27-8033, of this chapter must be provided and maintained.
(c) The access drive/driveway must be designed and improved to the standard expressly described in Part 6: OFF-STREET PARKING AND LOADING, § 27-603: Design Standards for Off-Street Parking, § 27-6034, of this chapter.
See Part 11: MEDICAL MARIJUANA FACILITIES for more information.
2. Administration and Enforcement.
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 (municipal) zoning permit application must be completed.
C. Permit fees shall be as stipulated in the fee schedule adopted by resolution of the municipal governing body in effect at the time of application.
D. Permits may be denied if the applicant, in the reasonable opinion of the municipal governing body or its appointed designee, is failing to comply with any state or local law or regulation.
E. In the case of new construction meeting the Pennsylvania Municipalities Planning Code definition of "land development," a plan application is required to be submitted and an approval secured, prior to establishment of use.
F. If the application is to change the use of the 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 must be legally registered in the commonwealth and possess a current valid medical marijuana permit from the DOH.
3. Penalties.
Any owner, operator, or other person who violates or permits a violation of this chapter shall, upon being found liable therefor in a civil enforcement proceeding before a Magisterial District Judge, pay the Borough of Emmaus a fine of not more than $500, plus all court costs, including but not limited to reasonable attorney's fees incurred by the Borough of Emmaus 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 Borough of Emmaus may enforce the judgment as provided by the law. Each fine imposed shall be multiplied by the number of such days and may be charged and collected by the Borough of Emmaus without further judicial proceedings. Further, the appropriate officers or agents of the Borough of Emmaus are hereby authorized to issue a cease-and-desist notice and/or to seek equitable relief, including injunctions, to enforce compliance herewith. No bond will be required if injunctive relief is sought by the Borough of Emmaus. A person who violates this Part shall also be responsible for the Borough of Emmaus attorney's fees, engineering fees, expert fees, and court costs reasonably incurred by the Borough of Emmaus on account of such violation.
See Forms and Applications for more information.
See Zoning for more information.