BACKGROUND:
In accordance with Resolution #20-01, a Marihuana Working Committee was formed that was composed of representatives from the Board of Trustees, the Director of Public Safety, the Zoning Administrator, the Township’s planning consultant, an attorney who represents several potential marihuana businesses, and the Township’s attorney.
The purpose of the committee was to advise and make recommendations to the Planning Commission and Board of Trustees relating to medical and adult use marihuana. The committee provided the Board of Trustees with an interim report on May 13, 2020 which described the review made by the committee.
Based on recommendations from the Marihuana Working Committee, draft Zoning Ordinance language regulating adult use and medical marihuana was forwarded to the Planning Commission for consideration. The Planning Commission held five (5) meetings (February 4, 2021; April 15, 2021; July 15, 2021; August 5, 2021) and two public hearings (June 17, 2021; April 4, 2021) to consider the Zoning Ordinance language.
On August 5, 2021, the Planning Commission passed a Resolution of Approval 6-0 recommending the medical and adult use marihuana provisions.
Subsequent to the August 2021 Planning Commission recommendation, the Marihuana Working Group met again to discuss potential challenges and impacts to the marihuana zoning regulations, based on new state-wide legal challenges and evolving best management practices. In that discussion, there was consensus that the setbacks requirements between other marihuana uses, residential uses, and places of worship may present both administrative and legal challenges. Based on that consensus, the Marihuana Working Group asked the Planning Commission to consider revised adult use and medical marihuana zoning regulations that remove any setback requirements between other marihuana uses, residential uses, and places of worship. The elimination of these required setbacks is the only significant change to the draft that the Planning Commission previously recommend approval.
On April 7, 2022, the Planning Commission passed 7-0 the revised Resolution of Approval with the condition that Inglewood West be removed from the marihuana district.
In summary, marihuana uses are categorized into a use group of provisioning center, processor and grower and a use group of secure transporter or safety compliance facility. These use groups are regulated to specific locations in the township. In addition, there are specific provisions to mitigate impact upon adjacent properties including odor, limited visibility, all activities must occur within a building, and waste disposal. Lastly, all marihuana uses require a Conditional Use permit, which requires a public hearing and allows the Planning Commission to place any necessary conditions upon the use.
The Clerk’s office is preparing a Regulatory Ordinance that accompanies the Zoning Ordinance regulations. These two ordinances should be considered concurrently.