TOWN OF NEWBURGH
NOTICE OF ADOPTION
PLEASE TAKE NOTICE that on the 23rd day of January, 2023, the Town Board of the Town of Newburgh in the County of Orange, State of New York, adopted Local Law No. 1 of 2023 entitled "A Local Law Amending Chapter 185 Entitled 'Zoning' of the Code of the Town of Newburgh: Cannabis Related Uses."
The purposes and effect of the Local Law are to define and permit certain uses when licensed by the State of New York related to cannabis products as principal uses subject to site plan review in the Town of Newburgh's Interchange Business (IB) Zoning District, the Business (B) Zoning District and the Agricultural Residence (AR) Zoning District. Pursuant to the New York State Marihuana Regulation and Taxation Act the Town may enact reasonable time, place and manner local laws and regulations of licensed uses so long as they do not make operation of the license unreasonably impracticable.
Regulations recently adopted by the State Office of Cannabis Management further identify the types of regulations local governments may enact The following licensed cannabis related uses are defined by the Local Law and will be permitted subject to site plan review by the Town's Planning Board: cannabis distribution facility, cannabis medical dispensary, cannabis microbusiness facility, cannabis on-site consumption premises, cannabis processing facility, and cannabis retail dispensary. The Local Law provides that cannabis Distribution facilities, cannabis on-site consumption premises, cannabis processing facilities and cannabis retail dispensaries will be permitted subject to site plan review in the IB (Interchange Business) Zoning District. Cannabis retail dispensaries and cannabis medical dispensaries will be permitted subject to site plan review in the B (Business) District. Cannabis microbusiness facilities will be permitted subject to site plan review in AR (Agricultural Residence) Zoning District. Minimum and maximum bulk requirements including yard, lot and surface coverage, and building height will apply to the newly permitted uses. The Local Law also establishes off-street parking requirements for each defined cannabis related use. Additionally, the Local Law includes specific regulations for cannabis related uses. Minimum separation distance from community facilities (in addition to those from schools and places of worship established by the State law) and between uses in the same license classification are established for cannabis retail dispensaries and cannabis on-site consumption premises. Cannabis microbusiness facilities will be subject to a minimum distance requirement from residences. Cannabis retail dispensaries, cannabis on-site consumption premises and cannabis microbusiness facilities will also be subject to special permit review by the Planning Board and sites containing cannabis retail dispensaries and cannabis on-site consumption will be further subject to requirements pertaining to lighting, disposal of trash and debris, exterior maintenance, visibility of product and paraphernalia, and outside use of sound reproduction devices. The uses must have a valid New York State license and expiration or termination of a license will be deemed to terminate a Planning Board special permit or other approval permitting the use.
The proposed adoption of the Local Law was determined by the Town Board to be a Type 1 Action under the State Environmental Quality Review Act regulations, the approval of which would not have a significant effect on the environment.
A public hearing on the adoption of this Local Law was held on the 27th day of December, 2022, during which the public had the opportunity to provide comments on behalf or in opposition of the proposed Local Law and any part thereof. The Town Board has determined it is in the best interest of the Town to adopt this Local Law.
Dated: January 24, 2023
Lisa M. Vance Ayers
Town Clerk, Town of Newburgh #109935