CHARTER TOWNSHIP OF ORION
PROPOSED ORDINANCE ADOPTION
The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, November 6, 2017, to be held at 7:00 p.m., at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, Michigan 48360, proposes to adopt an Ordinance to provide for the regulation of Medical Marihuana Facilities; to define words; to authorize the operation of and provide regulations for Medical Marihuana Facilities in the Charter Township of Orion pursuant to Public Act 281 of 2016, as may be amended; to provide for an annual fee; to provide penalties for violation of this Ordinance; to provide for severability; to repeal all Ordinances or parts of Ordinances in conflict therewith and to provide an effective date.
ARTICLE I – INTERPRETATION AND CONFLICTS
1. Any term defined by the Michigan Medical Marihuana Act, MCL 333.26421 et seq., as amended (“MMMA”), and the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101, et seq., shall have the definition given in the Act, as amended. If the definition of a word or phrase set forth below conflicts with the definition in the MMMA or MMFLA, or if a term is not defined but is defined in the MMMA or MMFLA, then the definition in the MMMA or MMFLA shall apply.
2. This Ordinance shall not limit an individual’s or entity’s rights under the MMMA.
3. All activities related to Medical Marihuana, including those related to a Medical Marihuana Cultivation/Grower Facility, Secure Transporter, Processor or a Safety Compliance Facility shall be in compliance with the rules of the Michigan Department of Licensing and Regulatory Affairs or any successor agency, and the rules, Ordinances and regulations of the Charter Township of Orion.
4. Any use which purports to have engaged in the cultivation or processing of Medical Marihuana into a usable form, or the distribution or testing of Medical Marihuana without obtaining the required licensing set forth in this Ordinance, shall be deemed to not be a legally established use, and therefore not entitled to legal nonconforming status under the provisions of this Ordinance and and/or state law.
ARTICLE II – DEFINITIONS
The following terms shall have the definitions given:
1. “Act” or “MMFLA” means PA 128 of 2016, MCL333.27101 et seq., the “Medical Marihuana Facilities Licensing Act.”
2. “Annual Fee” means the non-refundable annual fee of Five Thousand Dollars ($5,000.00) that the Township shall assess to defray the cost of administration and enforcement of this Ordinance.
3. “Applicant” means a Person or legal entity who applies for a Permit under this Ordinance.
4. “Application” means the application prepared by the Township for the use of an Applicant under this Ordinance. An Application shall be prepared by the Building, Planning & Zoning Director or Township Supervisor and made available on the Ordinance Effective Date.
5. “Application Fee” means a non-refundable fee of Five Thousand dollars ($5,000.00) that the Applicant shall submit concurrent with the submission of any Application under this Ordinance for the processing of an Application which may include, among other things, planning & zoning review, inspections, investigation, and public hearings.
6. “Authorized Signer” means the party that signs the Application: if the Applicant is an individual, by the individual; if a limited liability company, or a corporation, by an authorized agent.
7. “Effective Date” means the date this Ordinance becomes effective, which shall be the earlier of fifteen (15) days from the date of adoption or upon certification of the minutes of the meeting at which this Ordinance was adopted.
8. “Excise Fund Fee” means money due the Township from the Medical Marihuana excise fund under MCL333.27101 of the MMFLA by the State of Michigan.
9. “Facility” means the building, buildings or parcel in or on which the Permit Holder shall operate as a Grower, Processor, Secured Transporter or Safety Compliance facility under the Act.
10. “Grower”, as that term is defined in PA 281 of 2016, MCL333.27101 et seq., means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a Processor or provisioning center.
11. “Marihuana-Infused Product” means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation.
12. “MMMA” means the Michigan Medical Marihuana Act of 2008, MCL 333.26421 et seq.
13. “MMFLA means the Michigan Marihuana Facilities Licensing Act, PA 28 of 2016, MCL 33, 27101 et seq.
14. “Permit” or “License” shall be used interchangeably and is the formal document of approval issued by the Township under this Ordinance.
15. “Permit Holder” or “Licensee” is a Person who holds a Permit/License issued pursuant to this Ordinance for the purpose of securing a State Operating License under the Act.
16. “Person” for the purposes of this Ordinance is any natural person or business entity formed for the purpose of, or having an interest in, a Permit issued pursuant to this Ordinance.
17. “Processor” as that term is defined in PA 281 of 2016, MCL333.27101 et seq., means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a Marihuana-Infused Product for sale and transfer in package form to a provisioning center.
18. “Safety Compliance Facility” as that term is defined in PA 281 of 2016, MCL333.27101 et seq., means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.
19. “Secured Transporter” as that term is defined in PA 281 of 2016, MCL 333.27101 et seq., means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.
20. “State Medical Marihuana Licensing Board” means the Medical Marihuana Licensing Board created by the Act.
21. “State Operating License” means a license that is issued under the Act that allows the licensee to operate as, among other things, a Grower, Processor, Secured Transporter or Safety Compliance facility.
22. “Township” shall mean the Charter Township of Orion.
23. All other terms used in this Chapter have the same definitions ascribed to them in the Act.
ARTICLE III – OPT-IN PROVISION
Pursuant to Section 205(1) of the Act, by adoption of this Ordinance, the Township authorizes and regulates the following marihuana activities and/or facilities for operation within the municipality: Grower, Processor, Safety Compliance Facility, and Secured Transporters.
ARTICLE IV – PERMIT REQUIREMENTS
1. Any person or entity who wishes to operate as a Grower, Processor, Safety Compliance Facility or Secured Transporter in the Township shall obtain a Permit issued under this Ordinance and must obtain a State Operating License.
2. The Application shall be signed by an Authorized Signer and is subject to an Application Fee.
3. All Permits issued under this Ordinance shall be subject to an Annual Fee.
4. The Township, through its Board of Trustees, may limit the number of Permits issued under this Ordinance, and may revise this limit from time to time by Board resolution. As of the Effective Date, the following Permits may be issued under this Ordinance: six (6) “Class C” Grower Permits; two (2) Processor Permits; two (2) Safety Compliance Facility Permits; and two (2) Secured Transporter Permits.
5. No person or entity may open or operate a facility doing business or purporting to do business under this Ordinance without first obtaining a Permit.
6. A person or entity who receives a Permit under this Ordinance shall display his/her Permit and State Medical Marihuana Facility License in plain view clearly visible to Township officials and State Medical Marihuana Licensing Board authorized agents.
7. The term of each Permit shall be one (1) year and is renewable unless revoked under Article IX or due to a violation of State law or this Ordinance existing at the time of renewal.
8. No person or entity wishing to operate a Medical Marihuana Facility under this Ordinance may apply nor be granted any tax abatement or other personal or real tax decrease or advantage under any Orion Township ordinance, policy or procedure. Upon the filing of an application, the Permit Applicant voluntarily waives any right to apply for tax abatement, or other incentive for property tax reduction.
ARTICLE V – LOCATION REQUIREMENTS
1. The Facility must be located in the Township’s IP (Industrial Park District) zoning district.
2. The Facility cannot be within one thousand five hundred (1,500) feet of a “church” in the Township.
3. The Facility cannot be within two thousand (2,000) feet of a residence located in a R-1, R-2, R-3, SF, SE, SR, RM, or MHP zoning district.
4. The Facility cannot be within two thousand five hundred (2,500) feet of a registered “school” within the Township.
5. The Facility shall not have an ingress or egress on a street or road that has an average traffic volume in excess of six thousand (6,000) vehicles per day, as calculated by averaging the three (3) most recent Average Annual Daily Traffic (AADT) counts (as available), as reported by Southeast Michigan Council of Governments (SEMCOG).
6. The Facility shall not have an ingress or egress on a street or road that directly also serves as an ingress or egress to a residential road or property located in a R-1, R-2, R-3, SF, SE, SR, RM, or MHP zoning district.
7. Distances specified in this Ordinance shall be measured from building edge to building edge.
8. If the Facility shall need a variance from what is set forth in Article V Section one (1) through six (6) above, the Applicant may submit a formal request for a variance to the Zoning Board of Appeals (“ZBA”). The ZBA shall only consider a variance request that is no more than five percent (5%) out of compliance with the above location regulations.
9. It is the Township’s intention that Growers, Processors, Safety Compliance Facilities and Secured Transporters may operate within the same building under the following conditions: each licensed entity remains distinct and separate within different working areas; and, each licensed entity has separate entrances and exits, point of sale operations (if applicable), and record keeping systems.
10. The location shall meet all applicable Ordinances and promulgated standards of the Township and, prior to opening, shall demonstrate to the Township that it meets the rules and regulations promulgated by the State Medical Marihuana Licensing Board.
11. The Facility location shall conform to all standards of the zoning district in which it is located.
12. If the Facility location is currently vacant land, the Applicant must submit a site plan and building plans with the Application.
13. No person shall reside in or permit any person to reside in the Facility or the grounds of the Facility.
ARTICLE VI – APPLICATION PROCEDURE
1. All Permit Applicants required by this Ordinance shall file an application with the Township Clerk. While this Article is intended to set forth the application process and timeline, no failure of the Township or its Clerk to act shall result in the approval of a Permit. Rather, an applicant may appeal to the Township Board of Trustees for any alleged failure to act or timely act under this ordinance. The Board of Trustees will take action on the appeal within thirty (30) days.
a. The Clerk shall promptly review the Application for defects and notify Applicant in writing within five (5) business days of submission whether the Application is complete or requires additional information.
b. If the Application is complete, within three (3) business days, the Clerk shall forward the complete Application for review by the appropriate representatives of the Township’s Planning and Zoning, Building, Fire and Police Departments.
c. If the Application is incomplete, the Applicant shall have thirty (30) calendar days from receipt of the written notice of any defect to supplement the Application for purpose of curing any defect. Within five (5) business days of receiving the Applicant’s supplementation, the Clerk shall either give written notice to the Applicant that additional information is required, or shall forward the Application for review as set forth in Ordinance 1(b) above.
d. The Planning and Zoning Department shall confirm the Facility is located within the requirements of Article V (Location Requirements).
e. The Building Department shall confirm the existing building for the Facility has a Certificate of Occupancy, or shall give approval based on the site plan and building plans submitted, and conditioned on the future permitting and construction of all structures for the Facility in accordance with the Orion Township Building Code and Ordinances.
f. All facilities under this Ordinance must receive site plan approval from the Township’s Planning Commission by a majority vote of those members present.
g. The Fire and Police Departments shall issue a report and guidance to the Planning Commission regarding any material issues concerning the specific location of the Facility and any impact of the health and safety of Township residents.
h. The above referenced Township departments shall make a recommendation to the Planning Commission within twenty (20) calendar days of submittal of the Application.
i. A site plan review of the Application by the Planning Commission shall occur within thirty (30) calendar days after receipt of the Application and Township department reviews.
2. The Planning Commission shall consider the Application at a public meeting without requiring a formal public hearing or notice thereof.
3. A Permit shall be approved if it meets the Township requirements under this Ordinance, and a Permit may be issued subject to further permitting and building approvals.
4. Prior to the expiration of the thirty (30) calendar days for review by the Planning Commission set forth above, the Planning Commission may request that the Applicant provide any additional information required by the Act this Ordinance or any other reasonable information deemed by the Township to be required for the consideration of a Permit; including, but not limited to, a complete site plan, interior diagram and summary of basic daily operations.
5. On or about December 15, 2017, the Township Clerk, or a Township designee, shall notify and file with the State this authorization and approval under the Act. Thereafter, upon request of the State Medical Marihuana Licensing Board, within ninety (90) days of an Application under this Ordinance being filed with the Township, the Township Clerk, or a designee, shall provide the following to the State Medical Marihuana Licensing Board:
a. A copy of this Ordinance;
b. A copy of the applicable zoning regulations that apply to the Applicant’s Facility;
c. A description of any violation or non-compliance with any Township Ordinance or applicable zoning regulations by the Applicant, but only if the non-compliance or violations are related to activities licensed under the Act or the MMMA, and have not been cured in accordance with this Ordinance.
(1) The Clerk shall give notice to the Applicant of any reported non-compliance or violation.
ARTICLE VII – MEDICAL MARIHUANA FACILITY LICENSE APPLICATION
As needed and in a timely manner, the Board of Trustees will adopt by resolution the Application for Permit under this Ordinance.
ARTICLE VIII – Minimum Operational Standards for Medical Marihuana Facilities.
1. The following minimum standards for Medical Marihuana Facilities shall apply:
a. The Medical Marihuana Facility shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act and the general rules of the department of licensing and regulatory affairs, as they may be amended from time to time. Active operations shall be limited to between the hours of 9:00 a.m. and 9:00 p.m.;
b. Consumption and/or use of medical marihuana shall be prohibited at any facility;
c. All activity related to the facility shall be done indoors;
d. All Medical Marihuana shall be contained within the building in a locked facility in accordance with the Michigan Medical Marihuana Facilities Licensing Act, as amended;
e. All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the structure in which electrical wiring, lighting and/or watering devices are located;
f. That portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Orion Fire Department to insure compliance with the Michigan Fire Protection Code;
g. There shall be no other accessory uses permitted within the same facility other than those associated with cultivating, processing, transporting or testing medical marihuana;
h. Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where medical marihuana is exposed;
i. Floors, walls, and ceilings shall be constructed in such a manner that they may be adequately cleaned and kept clean and in good repair;
j. There shall be adequate screening or other protection against the entry or pests. Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for development of waste odor and minimize the potential for waste becoming an attractant, harborage or breeding places for pests;
k. Any buildings, fixtures and other facilities shall be maintained in a sanitary condition;
l. Each facility center shall provide its occupants with adequate and readily accessible toilet facilities that are maintained in a sanitary condition and good repair;
m. No Medical Marihuana Facility shall be operated in a manner creating excessive noise, dust, vibrations, glare, fumes or odors detectible to the normal senses beyond the boundaries of the property on which the Medical Marihuana Facility operates or in violation of any other Ordinance;
n. All disposal systems for spent water and spent soil shall be approved by the Township; and
o. Medical Marihuana Facilities shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras that operate twenty four (24) hours a day, seven (7) days a week. The video recordings shall be maintained in a secure, off-site location for a period of thirty (30) days.
2. Exterior signage or advertising identifying the facility as a medical Marihuana facility shall be prohibited.
Article IX – Revocation or Denial of Renewal
1. A Permit issued under this chapter may be revoked after a hearing at which the Orion Township Board of Trustees determines that any grounds for revocation under Ordinance exist. Notice of the time and place of the Hearing and the grounds for revocation must be given to the Permittee at least ten (10) days prior to the date of the Hearing, by first class mail to the address given on the license application or any address provided as a contact;
2. A Permit issued under this Ordinance may be revoked or not renewed based on any of the following:
a. Violation of this Ordinance as determined by a Court of law or the Orion Township Board of Trustees;
b. Any conviction of or release from incarceration for a felony under the laws of this State, any other state, or the United States within the past ten (10) years by the Applicant or any stakeholder of the Applicant as measured from the date of the Application or the date of becoming a stakeholder, whichever occurs later, or while permitted under this Ordinance; or any conviction of a substance-related felony by the Applicant or any stakeholder of the Applicant ever or while permitted under this Ordinance;
c. Commission of fraud or misrepresentation or the making of a knowingly false statement by the Applicant or any stakeholder of the Applicant while engaging in any activity for which this Ordinance requires a Permit;
d. The Medical Marihuana Establishment is determined by the Township to have become a public nuisance;
e. A material pattern of willful and knowing violations of this Ordinance;
f. A material pattern of willful and knowing violations of any other Ordinance or regulation of policy whether now enacted, or to be in the future, which the Township has the authority to enact and is mandated to enforce;
g. Failure to pay the Annual Fee when due;
h. Failure to pay the money owed to the State of Michigan under the Medical Marihuana excise fund pursuant to MCL333.27101 of the MMMA, if any;
i. A loss of license after a final determination by the State Medical Marihuana Licensing Board;
j. Failure of a leased or existing facility to become fully operational within six (6) months of being granted a State license under the MMFLA. In the case of new construction, the applicant must obtain a site plan approval within twelve (12) months and completion of construction within eighteen (18) months of being granted a State license under the MMFLA. In no event shall the Permit under this Ordinance be renewed if the Medical Marihuana Facility is not fully operational and has continuously been operational, except as provided herein.
Article X – Penalties
1. The Township may require an Applicant or Licensee of a Medical Marihuana Facility to produce documents, records, or any other material pertinent to the investigation of an application or alleged violation of this Ordinance or State law. Failure to provide the required material may be grounds for Permit denial, revocation or suspensions;
2. Any person in violation of any provision of this Ordinance or any provision of a Permit issued under this ordinance is responsible for a misdemeanor, punishable by a fine of up to five hundred dollars ($500.00) plus cost of prosecution, ninety (90) days imprisonment, or both, for each violation. This section is not intended to prevent enforcement of any provision of any other ordinances or State law;
3. All fines imposed under this Ordinance shall be paid within forty-five (45) days after the effective date of the order imposing the fine or as otherwise specified in the Order;
4. The Township Supervisor may temporarily suspend a Medical Marihuana Facility License without a Hearing if the Township Supervisor finds that public safety or welfare requires immediate action. The Township Supervisor shall cause the temporary suspension by issuing a Suspension Notice;
5. If the Township Supervisor temporarily suspends a Permit without a Hearing, the Permittee is entitled to a Hearing within thirty (30) days after the Suspension Notice has been issued. The Hearing shall be limited to the issues cited in the Suspension Notice; and
6. If the Township Board of Trustees does not hold a Hearing within thirty (30) days after the date of suspension was issued, then the suspended license shall be automatically reinstated and the suspension vacated.
ARTICLE XI – SAVINGS CLAUSE
Nothing in this Ordinance hereby adopted shall be construed to affect any just or legal right or remedy of any chapter, nor shall any just or legal right or remedy of any chapter be lost, impaired or affected by this Ordinance.
ARTICLE XII – SEVERABILITY
If any article, section, subsection, sentence, clause or provision of this Ordinance shall be declared to be unconstitutional, void, illegal or ineffective by any court of competent jurisdiction, such article, section, subsection, sentence, clause or provision declared to be unconstitutional, void or illegal shall thereby cease to be a part of this Ordinance; but the remainder of this Ordinance shall stand and be in full force and effect.
ARTICLE XIII – EFFECTIVE DATE
This Ordinance shall be published in a newspaper of general circulation in the Township of Orion, and shall become effective upon publication, as provided by law.
Copies of the proposed Ordinance are on file in the office of the Township Clerk, 2525 Joslyn Road, Lake Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30 p.m., Monday through Friday. Written comments may be submitted before the meeting to Penny S. Shults, Clerk, at the address listed above.
Penny S. Shults, Clerk
Charter Township of Orion