Englishtown City Zoning Code
§ 620-25
Community residences and community shelters.
[Amended 4-14-2004 by Ord. No. 2004-03]
Community residences for developmentally disabled are hereinafter referred to as "community residences," and community shelters for victims of domestic violence are hereinafter referred to as "community shelters."
A.
In accordance with N.J.S.A. 40:55D-66.1, community residence and/or shelters for the following: developmentally disabled, victims of domestic violence, the terminally ill, persons with head injuries, adult family care homes for elderly persons, and physically disabled adults, and all other categories which may, in the future, be set forth in N.J.S.A. 40:55D-66.2 are permitted uses in all residential districts of the Borough. The requirements for said uses shall be the same as for single-family dwellings located within such districts.
B.
"Community residence for the developmentally disabled" means any community residential facility licensed pursuant to P.L. 1977, c.448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance, under such supervision as required, to not more than 16 developmentally disabled or mentally ill persons who require assistance, temporarily or permanently, in order to live in the community and shall include, but not be limited to, group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels.
(1)
In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Addiction Services of the Department of Human Services.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(2)
"Developmentally disabled person" means a person who is developmentally disabled as defined in Section 2 of P.L. 1977, c.448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in N.J.S.A. 30:4-27.2, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
(3)
"Community shelter for victims of domestic violence" means any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c.337 (N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
(4)
"Community residence for persons with head injuries" means a community residential facility licensed pursuant to P.L. 1977, c.448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal guidance under such supervision as required to not more than 15 persons with head injuries who require assistance, temporarily or permanently, in order to live in the community and shall include, but be not limited to, group homes, halfway houses, supervised apartment living arrangements, and hostels.
(5)
"Community residence for the terminally ill" means any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services under such supervision as required to not more than 15 terminally ill persons.
C.
Licensed facilities. Any community residence for the developmentally disabled, victims or domestic violence, mentally ill, and persons with head injuries requiring a license, service contract, or affiliation agreement from the New Jersey Department of Human Services shall present a certified copy of such license, service contract or affiliation agreement to the Borough Zoning Officer upon request. This same document shall be maintained on the premises at all times. The suspension or revocation of such license, service contract, or affiliation agreement may be grounds for a redetermination by the Borough Zoning Officer.
D.
Unlicensed facilities. Community residences for the terminally ill, and adult family care homes for the elderly and physically disabled adults, not requiring a license, service contract or affiliation agreement with the State of New Jersey Department of Human Services may be subject to local limits on the total number of persons residing in a dwelling to prevent overcrowding.