PRINTER'S NO. 2029

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1594 Session of 1985


        INTRODUCED BY TRELLO, COLAFELLA, OLASZ AND PETRONE, JUNE 28,
           1985

        REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, JUNE 28, 1985

                                     AN ACT

     1  Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
     2     as amended, "An act to empower cities of the second class A,
     3     and third class, boroughs, incorporated towns, townships of
     4     the first and second classes including those within a county
     5     of the second class and counties of the second class A
     6     through eighth classes, individually or jointly, to plan
     7     their development and to govern the same by zoning,
     8     subdivision and land development ordinances, planned
     9     residential development and other ordinances, by official
    10     maps, by the reservation of certain land for future public
    11     purpose and by the acquisition of such land; providing for
    12     the establishment of planning commissions, planning
    13     departments, planning committees and zoning hearing boards,
    14     authorizing them to charge fees, make inspections and hold
    15     public hearings; providing for appropriations, appeals to
    16     courts and penalties for violations; and repealing acts and
    17     parts of acts," authorizing zoning ordinances which prohibit
    18     community residential facilities in certain areas.

    19     The General Assembly of the Commonwealth of Pennsylvania
    20  hereby enacts as follows:
    21     Section 1.  The act of July 31, 1968 (P.L.805, No.247), known
    22  as the Pennsylvania Municipalities Planning Code, is amended by
    23  adding a section to read:
    24     Section 603.1.  Authorizing Ordinances Prohibiting Community
    25  Residential Facilities in Certain Areas.--(a)  As used in this


     1  section, except where the context clearly indicates otherwise,
     2  the following words or phrases have the meanings indicated
     3  below:
     4     "Community residential facility."  A facility providing
     5  residence and specialized services for developmentally disabled,
     6  mentally retarded, mentally ill, physically handicapped, elderly
     7  persons or dependent children referred by the appropriate county
     8  or State agency responsible for placement and qualified staff
     9  who provide care, supervision and services for such residents.
    10     (b)  Any municipality shall have the authority to adopt an
    11  ordinance which prohibits community residential facilities in
    12  areas zoned exclusively for single-family residences.
    13     Section 2.  This act shall take effect immediately.












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