PRINTER'S NO. 3538
No. 2580 Session of 1988
INTRODUCED BY CAWLEY, BELARDI, JAROLIN, FREEMAN, BORTNER,
PISTELLA, DALEY, VAN HORNE, MILLER, VEON, MICHLOVIC, BOOK,
MAIALE, DISTLER, ITKIN AND KUKOVICH, JUNE 22, 1988
REFERRED TO COMMITTEE ON HEALTH AND WELFARE, JUNE 22, 1988
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. Public policy.
9 It is public policy in Pennsylvania that developmentally
10 disabled, mentally retarded, mentally ill or physically
11 handicapped persons, elderly persons, or children shall enjoy
12 the benefits of normal residential surroundings, and that
13 municipal zoning ordinances shall not impede the achievement of
14 this policy.
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
1 context clearly indicates otherwise:
2 "Community residential facility." A facility providing
3 residence and specialized support services by qualified staff
4 who give care and supervision to a minimum of three, but not
5 more than eight, developmentally disabled, mentally retarded,
6 mentally ill or physically handicapped persons, elderly persons
7 or children referred by the appropriate county or State agency
8 responsible for placement. In order to qualify for assignment to
9 a community residential facility, all persons shall be certified
10 by the appropriate governmental agency as being eligible to
11 reside in such a facility and to receive services from local
12 community programs. No person receiving treatment under Article
13 IV of the act of July 9, 1976 (P.L.817, No.143), known as the
14 Mental Health Procedures Act, shall be eligible for such a
15 facility.
16 Section 4. Applicability and construction of act.
17 (a) Applies everywhere.--The provisions of this act shall be
18 applicable in every municipality throughout this Commonwealth,
19 including those operating under home rule charters and optional
20 plans of government.
21 (b) Prospective application.--The provisions of this act
22 shall be applicable to all community residential facilities
23 established subsequent to the effective date of this act,
24 notwithstanding any inconsistent provisions of any other act or
25 ordinance. Nothing in this act shall affect the status of
26 community residential or similar facilities established prior to
27 the effective date of this act except that those community
28 residential facilities established prior to the effective date
29 of this act shall register with the appropriate county. This act
30 shall not be construed to limit or restrict the authority of
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1 appropriate State agencies to approve or license community
2 residential facilities.
3 Section 5. Status for zoning purposes.
4 A community residential facility shall be considered a
5 residential use of property permitted in all types of
6 residential zones. All comprehensive zoning plans shall be
7 construed to permit the location of community residential
8 facilities in all residential zones.
9 Section 6. Restrictions on locations.
10 (a) Districts zoned for single-family homes.--Within
11 districts zoned exclusively for single families, no new
12 community residential facilities shall be established within a
13 radius of 1/4 mile from any other community residential
14 facility.
15 (b) Other districts.--In all other districts, only one
16 community residential facility will be permitted per block face.
17 A block face is the area which encompasses the houses on both
18 sides of the street, bordered at either or both ends by the
19 nearest cross street.
20 (c) Not applicable to apartments.--The spacing requirements
21 in subsections (a) and (b) shall not apply to community
22 residential facilities located in apartments or apartment
23 buildings.
24 (d) Existing facilities.--Facilities in existence prior to
25 the effective date of this act shall be exempt from this spacing
26 requirement; their location, however, shall be used to assure
27 that the location of new facilities is in compliance with this
28 act.
29 (e) Granting of exceptions.--Agents of a facility may apply
30 to the governing body of the municipality in which the facility
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1 is located for an exemption from the above location
2 restrictions, and exceptions may be granted at the discretion of
3 the governing body.
4 Section 7. County records.
5 Each county shall maintain appropriate records indicating the
6 location, capacity and agent of each community residential
7 facility within its jurisdiction and the information shall be
8 available to the public. Each community residential facility
9 shall register its location, capacity and agent with the
10 appropriate officials of the county. The agent shall be
11 responsible for maintaining the facility to ensure that it is
12 similar in appearance and condition to other private residences
13 in the immediate neighborhood.
14 Section 8. Effective date.
15 This act shall take effect in 90 days.
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