West Norriton Township
City Zoning Code
City Zoning Code
PART 25
SOBER LIVING HOME
§ 27-2501 Intent.
[Ord. No. 2018-725, 10/9/2018]
It is the specific intent of this Part to promote the safety, morals and general welfare of the inhabitants of West Norriton Township in their person and property by permitting sober living homes in the Township, subject to the requirements of this Part. Additionally, permitting sober living homes by special exception in residential districts will increase the availability of housing and access to valuable services for Township residents with disabilities without altering the essential character of the neighborhood or district in which the sober living home is located.
§ 27-2502 Permitted by Special Exception; Requirements.
[Ord. No. 2018-725, 10/9/2018]
1.
Sober living homes are permitted in all residential districts as a use by special exception pursuant to Chapter 27, Part 18, § 27-1805, and the requirements and regulations herein. Prior to obtaining a permit and a special exception approval for a sober living home use, the applicant shall provide evidence of the following:
A.
The lot upon which the sober living home or institutional residence is situated shall meet the minimum area requirements established in the zoning district regulations for the zoning district in which the use is to be located. The sober living home shall not be located in an accessory building or unit unless the primary building or dwelling unit is used for the same purpose. Additionally, and in order to integrate sober living homes into a neighborhood and create a deinstitutionalized setting for the residents of sober living homes, no sober living home may be located within 625 feet of another sober living home as measured from the property line.
B.
Residents of a sober living home shall maintain a single household unit with shared use of living areas, eating areas, bathrooms and food preparation and serving areas, and shall share mealtimes and housekeeping responsibilities.
C.
Accommodations in a sober living home shall be provided for no more than the maximum number of occupants or residents as permitted by the applicable building code, fire code, and any other similar code that sets forth a maximum occupancy limit for a dwelling or building. Applications for sober living homes shall specify the maximum number of residents or occupants to be housed or cared for at the facility.
D.
Registration with the commonwealth and compliance with all regulations for licensure or certification as promulgated by the Department of Drug and Alcohol Programs in accordance with 71 P.S. § 613.13 or such other commonwealth agency or department as authorized by law. In the event that the sober living home is not registered and is not required to be licensed or certified by the commonwealth, then the sober living home shall provide either: 1) documentation that it would comply if subject to licensure and certification, or 2) documentation that the sober living home is a member in good standing and in compliance with all rules and/or regulations of a recognized countywide, statewide, or nationwide association of recovery homes or equivalent professional accrediting organization. Additionally, and annually thereafter, each operator must provide similar proof of commonwealth registration and compliance or continued status as a member in good standing and in compliance with all the rules and/or regulations of a recognized county, state or national professional association.
E.
Proof that the sober living home has policies, procedures and regulations that substantially address the following:
(1)
At least 48 hours prior to an occupant's eviction from or involuntary termination of residency in the sober living home, the operator thereof shall:
(a)
Notify the person designated as the occupant's emergency contact or contact of record that the occupant will no longer be a resident at the property;
(b)
Contact the appropriate county or state agency to determine the services available to the occupant, including, but not limited to, alcohol and drug inpatient and outpatient treatment, and shelter or homeless services;
(c)
Provide the information obtained from the applicable county or state agency to the occupant prior to his or her release on a readable form that is signed by the occupant as proof of his or her receipt of the available services;
(2)
Prior to an occupant's eviction from or involuntary termination of residency in the sober living home, the operator shall:
(a)
Make available to the occupant transportation to the address listed on the occupant's driver's license, state-issued identification card, or the permanent address identified in the occupant's application or referral to the sober living home; and
(b)
In the event the occupant declines said transportation or otherwise has no permanent address, then the operator shall make available to the occupant transportation to another sober living home or residential care facility that has agreed to accept the occupant;
(3)
Rules and regulations that prohibit the use of any alcohol or any nonprescription drugs at the sober living home or by any recovering addict either on or off site;
(4)
Rules and regulations that the facility cannot dispense medications unless licensed to do so, and that the possession or use of prescription medications is prohibited except for the person to whom they are prescribed and in the amounts/dosages prescribed; and
(5)
Rules and regulations that shall direct occupants to be considerate of neighbors, including refraining from engaging in excessively loud, profane or obnoxious behavior that would unduly interfere with a neighbor's use and enjoyment of their dwelling unit in accordance with the Township's health and safety ordinances as contained in Chapter 10 of the West Norriton Township Code and other ordinances of general applicability.
F.
If permitted by law, supervisory, counseling and medical services may be provided, but only to those individuals residing in the sober living home, and no outpatient services shall be provided to individuals who are not residents of the sober living home; and all occupants, other than a house manager, must be actively participating in legitimate recovery programs, including, but not limited to, Alcoholics Anonymous or Narcotics Anonymous, and the sober living home must maintain current records of meeting attendance.
G.
Sewage and water facilities shall be sufficient to handle the anticipated loading created by the proposed facility and shall meet all requirements of the Pennsylvania Department of Environmental Protection and/or the applicable public or community Sewer and Water Boards or Authorities.
H.
Arrangements for the collection, storage and disposal of solid waste generated by the facility shall be made by the applicant and submitted to the Township for approval as part the application for such a use.
I.
Notwithstanding any provisions of the West Norriton Township Building Code, the sober living home shall have the following installed throughout the building and any attached accessory building(s):
(1)
A fire sprinkler system which complies with NFPA 13D, Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes, or the current corresponding section of the NFPA as may be amended from time to time; and
J.
The sober living home must comply with the West Norriton Township Building Code, and an applicant seeking sober living home use shall provide with its application evidence that the building's(s') size and layout are in compliance with the applicable building codes for maximum number of individuals intended to be housed in the building(s). To satisfy this requirement, the Zoning Hearing Board may request that an applicant provide a dimensioned floor plan indicating the size of each room, including sleeping rooms, and identifying the maximum number of residents who will occupy each sleeping room, to demonstrate that the group home will not be overcrowded.
K.
Off-street parking must be adequate to accommodate the needs of the residents and staff. At a minimum, the sober living home must meet the minimum requirements for the district in which it is located.
L.
The sober living home will not alter the essential character of the neighborhood or district in which the sober living home is located.
M.
To the extent not already addressed above, the property, including all buildings located thereon, must be in compliance with all applicable federal, state and local laws, including, but not limited to, the Pennsylvania Uniform Construction Code, the International Fire Code and the International Fuel Gas Code as may be adopted and in effect by the Township.
§ 27-2503 Inspections.
[Ord. No. 2018-725, 10/9/2018]
The owner, operator or agent of a sober living home shall permit inspections thereof by the Code Enforcement Officer annually. If the owner, operator or agent does not permit such inspection by the Code Enforcement Officer, the Township may seek any appropriate legal or equitable relief to compel access to such property for such inspection.
§ 27-2504 Registration with Township.
[Ord. No. 2018-725, 10/9/2018]
1.
The sober living home shall register with the Township, in writing, the following: its location, general type of treatment/care, maximum number of residents and sponsoring agency.
2.
Any other registration of sober living home residents with any state and/or county agency for emergency preparation purposes and to the extent permitted by law shall also be provided to the Township, including any updates in accordance with the applicable state and/or county regulations.
§ 27-2505 Proof of Staff Licensure, Certifications.
[Ord. No. 2018-725, 10/9/2018]
1.
If required by state or federal law, all caretakers, administrators and staff must be duly licensed and/or certified by the Department of Public Welfare, Department of Health and other federal, state or county agency as may be required for the particular type of care provided and the nature of the employee's responsibilities. Additionally, and to the extent required by state or federal law, every employee of the sober living home must have valid criminal background clearances, licensure and/or certification with the issuing agency or agencies while employed by the sober living home.
2.
If licenses, certification or clearances are required by state or federal law, then the owner, operator or agent of any sober living home shall provide the Township with a register of all employees and furnish proof of all required licenses, certifications and criminal background clearances for each employee prior to commencing operation in the Township. Thereafter, an updated register and proof of licensure, certifications and criminal background clearances shall be provided on at least an annual basis.
3.
If licenses, certification or clearances are required by state or federal law, for every new person employed by the sober living home, the name of the employee, along with proof of all required licenses, certifications and criminal background clearances, shall be submitted to the Township prior to the commencement of the employment.