[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.
[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.
[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.
[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.
[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.
