PRINTER'S NO. 686
No. 651 Session of 1981
INTRODUCED BY WACHOB, POTT, IRVIS, ITKIN, KUKOVICH, DAWIDA,
HOEFFEL, PISTELLA, D. R. WRIGHT, COCHRAN, TRELLO,
CALTAGIRONE, LEVIN, SWEET, COLAFELLA AND WHITE,
FEBRUARY 18, 1981
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 18, 1981
AN ACT
1 Providing for the location and operation of community
2 residential facilities.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short title.
6 This act shall be known and may be cited as the "Community
7 Residential Facility Siting Act."
8 Section 2. Community residential facility defined.
9 For the purposes of this act, "community residential
10 facility" means a facility providing residence and specialized
11 services for a minimum of three but no more than eight
12 developmentally disabled, mentally retarded, mentally ill,
13 physically handicapped, elderly persons or dependent children
14 referred by the appropriate county or State agency responsible
15 for placement and qualified staff who provide 24-hour care,
16 supervision and services for such residents and not more than
17 two of whom shall be residents of the facility. In order to
1 qualify for assignment to a community residential facility,
2 mentally ill persons shall be certified by county mental health
3 and mental retardation authorities as capable of residing in a
4 group home and receiving services from a local community mental
5 health program. No person receiving treatment under Article III
6 (Involuntary Examination and Treatment) or Article IV
7 (Determinations Affecting Those Charged with Crime, or Under
8 Sentence) of the act of July 9, 1976 (P.L.817, No.143), known as
9 the "Mental Health Procedures Act" shall be eligible for such
10 facility.
11 Section 3. Applicability and construction of act.
12 (a) The provisions of this act shall be applicable in every
13 municipality throughout the Commonwealth, including those
14 operating under home rule charters and optional plans of
15 government.
16 (b) The provisions of this act shall be applicable to all
17 community residential facilities established subsequent to the
18 effective date of this act, notwithstanding any inconsistent
19 provisions of any other act or ordinance. Nothing in this act
20 shall effect the status of community residential or similar
21 facilities established prior to the effective date of this act
22 except that those community residential facilities established
23 prior to the effective date of this act shall register with the
24 appropriate municipality. This act shall not be construed to
25 limit or restrict the authority of appropriate State agencies to
26 approve or license community residential facilities.
27 Section 4. Status for zoning purposes.
28 A community residential facility shall be considered a
29 residential use of property permitted in all residential zones.
30 All comprehensive zoning plans shall be construed to permit the
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1 location of community residential facilities in all residential
2 zones.
3 Section 5. Restrictions on locations.
4 No community residential facility shall be established within
5 2,000 feet of any other such facility nor shall it be
6 established within 1,000 feet of any drug and alcohol center.
7 Agents of a facility may apply for an exception to those
8 requirements and such exceptions may be granted at the
9 discretion of the zoning hearing board of the municipality.
10 Section 6. Municipal records.
11 Each municipality shall maintain appropriate records
12 indicating the location, capacity and agent of each community
13 residential facility within its jurisdiction and such
14 information shall be available to the public. Each community
15 residential facility shall register its location, capacity and
16 agent with the appropriate officials of the municipality. The
17 agent shall be responsible for maintaining the facility to
18 ensure that it is similar in appearance and condition to other
19 private residences in the community.
20 Section 7. Residents of community residential facilities.
21 A municipality may require that all residents of the
22 community residential facility shall be residents of the
23 municipality in which the facility is located or a contiguous
24 municipality. In the event there are not enough appropriate
25 residents of that municipality or contiguous municipalities to
26 maintain full occupancy of the community residential facility
27 then the appropriate county or State agency responsible for
28 placement shall notify the municipality and that community
29 residential facility shall be available for new placements from
30 other residents of the county in which the facility is located.
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1 However, if it is certified by the appropriate county or State
2 agency responsible for placement either that there is no space
3 available in an appropriate community residential facility, or
4 that there is no appropriate community residential facility
5 available, then with the approval of that agency an occupant may
6 reside in the nearest appropriate community residential facility
7 with space available.
8 Section 8. Effective date.
9 This act shall take effect in 90 days.
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