§ 232-546. Conditional use regulations.

Conditional use regulations in the G-1 District: The following conditional uses may be permitted or denied by the Bensalem Township Council, subject to the provisions of section 232-595 and any other applicable section of this Code, and subject to each specific conditional use requirement listed herein:

(1)

Medical marijuana grower/processor:

a.

A medical marijuana grower/processor shall provide proof of registration with the Department of Health or proof that registration has been sought and is pending approval, and shall at all times maintain a valid, accurate, and up to date registration with the Department of Health. Should registration be denied or revoked at any time, any Township approval shall become void immediately. A medical marijuana grower/processor may not operate on the same site as a facility used for dispensing medical marijuana.

b.

A medical marijuana grower/processor shall at all times operate in compliance with all Department of Health regulations pertaining to such facilities.

c.

A medical marijuana grower/processor shall not be operated or maintained on a parcel within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a residentially zoned property or a parcel containing a public, private or parochial school, day-care center, place of worship, public park, library or community center.

d.

A medical marijuana grower/processor shall not be operated or maintained on a parcel within 2,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a licensed residential substance abuse diagnostic and treatment facility or other licensed drug or alcohol rehabilitation facility.

e.

It shall be the responsibility of the applicant to identify on the plan submitted other nearby land uses, as identified in (c) and (d) above, within a half mile radius of the proposed medical marijuana grower/processor. Failure to properly identify uses surrounding the application site shall result in immediate denial of the application.

f.

A medical marijuana grower/processor must operate entirely within an indoor, enclosed, and secure facility. No exterior sales or sidewalk displays shall be permitted. No drive-thru services shall be permitted. No outdoor seating areas shall be permitted. The use cannot be advertised on radio or television.

g.

Deliveries to, or shipments from a medical marijuana grower/processor shall be limited to the hours of operation not earlier than 7:00 a.m. and not later than 10:00 p.m.

h.

A medical marijuana grower/processor shall submit a disposal plan to be reviewed and approved by the Township. Medical marijuana remnants and by- products shall be disposed of according to an approved plan, and shall not be placed within an exterior refuse container.

i.

There shall be no emission of dust, fumes, vapors or odors which can be seen, smelled, or otherwise perceived from beyond the lot line for the property where the medical marijuana grower/processor is located.

j.

No one under the age of eighteen shall be permitted in a medical marijuana grower/processor.

k.

No medical marijuana shall be dispensed, sold or otherwise transferred on the premises of a medical marijuana grower/processor. In addition, no medical marijuana grown or processed on the premises of a medical marijuana grower/processor shall be consumed on the premises unless properly prescribed by a physician to a patient and properly obtained through a dispensary consistent with the laws of the Commonwealth of Pennsylvania and otherwise consistent with the laws of the Commonwealth of Pennsylvania and any rules imposed by the medical marijuana grower/processor, the Pennsylvania Department of Health, or other authority, agency or body having jurisdiction. It is the specific intent of this section that medical marijuana shall not be transferred directly from a medical marijuana grower/processor facility to a consumer, user or medical marijuana patient for immediate consumption.

l.

A medical marijuana grower/processor shall submit a security plan to the Township, demonstrating how the plan will maintain effective security and control. The security plan shall specify the type and manner of 24-hour security, tracking, recordkeeping, record retention, and surveillance system to be utilized in the facility as required by Section ll02 of the Medical Marijuana Act and as supplemented by regulations promulgated by the Department of Health pursuant to the Medical Marijuana Act.

m.

Any building used for medical marijuana growing/processing shall be completely surrounded by an eight-foot high chain link fence, or any other type of open link fencing that allows the building to be seen from outside the fence. Such fencing shall be secured during all times that the facility is not open and operating.

n.

A medical marijuana grower/processor must be located in a building as defined in § 232-6 of this Code, and shall not be located in a trailer, cargo container, modular unit, mobile home, recreational vehicle or any other vehicle or structure capable of being moved.

(Ord. No. 2017-3, § I(C), 2-13-17)