PRINTER'S NO. 1375
No. 1169 Session of 2005
INTRODUCED BY HABAY, CALTAGIRONE, CORRIGAN, GEORGE, HUTCHINSON,
KOTIK, MUSTIO, PHILLIPS, PRESTON, RAPP, SOLOBAY AND THOMAS,
MARCH 29, 2005
REFERRED TO COMMITTEE ON HEALTH AND HUMAN SERVICES,
MARCH 29, 2005
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 through eighth
6 classes, individually or jointly, to plan their development
7 and to govern the same by zoning, subdivision and land
8 development ordinances, planned residential development and
9 other ordinances, by official maps, by the reservation of
10 certain land for future public purpose and by the acquisition
11 of such land; to promote the conservation of energy through
12 the use of planning practices and to promote the effective
13 utilization of renewable energy sources; providing for the
14 establishment of planning commissions, planning departments,
15 planning committees and zoning hearing boards, authorizing
16 them to charge fees, make inspections and hold public
17 hearings; providing for mediation; providing for transferable
18 development rights; providing for appropriations, appeals to
19 courts and penalties for violations; and repealing acts and
20 parts of acts," further providing for location of methadone
21 treatment facilities in certain locations.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Section 621 of the act of July 31, 1968 (P.L.805,
25 No.247), known as the Pennsylvania Municipalities Planning Code,
26 reenacted and amended December 21, 1988 (P.L.1329, No.170) and
1 added June 18, 1999 (P.L.70, No.10), is amended to read:
2 Section 621. Prohibiting the Location of Methadone Treatment
3 Facilities in Certain Locations.--(a) (1) Notwithstanding any
4 other provision of law to the contrary and except as provided
5 in subsection (b), a methadone treatment facility shall not
6 be established or operated within [500] 1,000 feet of an
7 existing school, public playground, public park, residential
8 housing area, child-care facility, museum, emergency medical
9 services provider, Pennsylvania Liquor Store or church,
10 meetinghouse or other actual place of regularly stated
11 religious worship established prior to the proposed methadone
12 treatment facility.
13 (2) The provisions of this subsection shall apply
14 whether or not an occupancy permit or certificate of use has
15 been issued to the owner or operator of a methadone treatment
16 facility for a location that is within [500] 1,000 feet of an
17 existing school, public playground, public park, residential
18 housing area, child-care facility, museum, emergency medical
19 services provider, Pennsylvania Liquor Store or church,
20 meetinghouse or other actual place of regularly stated
21 religious worship established prior to the proposed methadone
22 treatment facility.
23 (b) Notwithstanding subsection (a), a methadone treatment
24 facility may be established and operated closer than [500] 1,000
25 feet to an existing school, public playground, public park,
26 residential housing area, child-care facility, museum, emergency
27 medical services provider, Pennsylvania Liquor Store or church,
28 meetinghouse or other actual place of regularly stated religious
29 worship established prior to the proposed methadone treatment
30 facility if, by majority vote, the governing body for the
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1 municipality in which the proposed methadone treatment facility
2 is to be located votes in favor of the issuance of an occupancy
3 permit or certificate of use for said facility at such a
4 location. At least 14 days prior to the governing body of a
5 municipality voting on whether to approve the issuance of an
6 occupancy permit or certificate of use for a methadone treatment
7 facility at a location that is closer than [500] 1,000 feet to a
8 school, public playground, public park, residential housing
9 area, child-care facility, museum, emergency medical services
10 provider, Pennsylvania Liquor Store or church, meetinghouse or
11 other actual place of regularly stated religious worship
12 established prior to the proposed methadone treatment facility,
13 one or more public hearings regarding the proposed methadone
14 treatment facility location shall be held within the
15 municipality following public notice. All owners of real
16 property located within 500 feet of the proposed location shall
17 be provided written notice of said public hearings at least 30
18 days prior to said public hearings occurring.
19 (c) This section shall not apply to a methadone treatment
20 facility that is licensed by the Department of Health prior to
21 May 15, 1999.
22 (d) As used in this section, the term "methadone treatment
23 facility" shall mean a facility licensed by the Department of
24 Health to use the drug methadone in the treatment, maintenance
25 or detoxification of persons.
26 Section 2. This act shall take effect in 60 days.
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