[HISTORY: Adopted by the Town Board of the Town of Irondequoit 5-7-1981 by L.L. No. 6-1981; amended in its entirety 5-24-2005 by L.L. No. 4-2005. Subsequent amendments noted where applicable.]
As used in this chapter, unless the context or subject matter otherwise requires, the following terms shall have the meaning indicated:
- COMMUNITY RESIDENTIAL FACILITY
- "Community residential facility for the disabled" means a supportive living facility with four to fourteen residents or a supervised living facility subject to licensure by the Office of Mental Health or the Office of Mental Retardation and Developmental Disabilities, which provide a residence for up to fourteen mentally disabled persons, including residential treatment facilities for children and youth.
- GROUP HOME
- A facility operated by an authorized agency, for the care and maintenance of not less than seven nor more than 12 children who are at least five years of age, except that such minimum age shall not be applicable to siblings placed in the same facilities nor to children whose mother is placed in the same facility.
The applicant should make informal contact with the Town Supervisor regarding interest in establishing a community residence or group home in the Town of Irondequoit. The Supervisor will forward the request to the Standing Community Residence and Group Home Committee which, in turn, will contact the applicant to arrange for a preliminary meeting to discuss the application.
The process of initial contact to the Supervisor, referral to the Committee and contact by the Committee to the applicant should be completed within 10 days.
The first meeting will involve a review of the proposed site. Prior to the initial meeting, the agency should review the proposed site to ensure compliance with all zoning laws of the Town of Irondequoit as outlined in Article III, Districts. In addition, special consideration should be given to the following points:
Concentration. No community residence shall be located within a radius of 1/2 mile of any other existing or proposed community residence or group home regardless of political boundaries.
Parking. The application should address the question by providing a reasonable plan for providing parking facilities for staff members and visitors.
Building codes and safety requirements. Community residence facilities and group homes shall be subject to all Town of Irondequoit local laws, regulations and ordinances with respect to building codes and safety requirements. Specific regulations may be found in Chapter 98, Building Construction and Fire Prevention.
Availability of facilities. Every community residence and group home shall be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, educational, cultural and religious activities, consumer goods and services and public transportation.
Supervision/staff. Every community residence or group home shall have an approved level of supervision and staff on a twenty-four-hour basis as provided in § 686.6, Operation of Community Residences, published by the Office of Mental Retardation and Developmental Disabilities (OMRDD).
Individual programs. Individuals (clients) residing at community residences or group homes must be engaged in a formal program (work or education) as prescribed by Part 686 of the OMRDD regulations relating to community residence facilities.
Required approvals. No residential care facility or group home shall be established without, and every residential care facility and group home shall be conditioned upon, the prior licensing, certification or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a residential care facility and group home shall set forth each agency which must approve the establishment or operation of the facility, shall either be accompanied by a copy of an application or other request to each such agency for such approval or by an affidavit of the applicant stating reasonable grounds to justify postponing the filing of such application pending the outcome of the application and warranting that such applications for other approvals will be promptly filed upon the approval of the facility, and shall state facts known to the applicant which might result in the denial or delay of any required approval which has not been obtained as of the time of the filing of the application.
Financial stability. No approval for a residential care facility or group home shall be granted unless the applicant therefor shall establish to the satisfaction of the Town Board that there exists a reasonable certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and various standards applicable to such facility by reason of this chapter and other laws and regulations.
Upon preliminary approval of the Standing Community Residence and Group Home Committee, a plan will be drawn for contacting those neighbors most affected by the residence. This will be determined by the Committee on a case-by-case basis. The Committee recommends the following approach:
A letter should be sent by the applicant to the neighbors announcing the intention to establish a community residence or group home and should indicate that personal contact by representatives of the applicant and Standing Community Residence and Group Home Committee will follow. The letter should be sent to all residents within a radius of not less than 200 feet, but not more than 500 feet of the proposed site, as will be more particularly set by the Committee.
Individual contact to establish a meeting of the applicant, the neighbors and the Standing Community Residence and Group Home Committee to discuss the proposal. The Committee recommends that this meeting be informal in nature.
Appointment of three (3) neighbors who, with members of the Standing Community Residence and Group Home Committee, will serve as the Community Residence and Group Home Committee for the proposed residence.
The applicant and the Community Residence and Group Home Committee for the residence prepare a final recommendation for approval to the Town Board.
If the preliminary meeting results in further question with respect to the site or area, the Committee will obtain information from real estate listings available (computer listings, known sites which might meet specifications) and review with the applicant. The Standing Community Residence and Group Home Committee will provide assistance in evaluating alternate sites.
Following preliminary approval, a public hearing will be conducted to present the recommendation. After the public hearing, the Town Board may formally approve the application. The process of application, review and approval is expected to be completed within 30 to 60 days.
Upon approval of the community residence or group home, an advisory committee as prescribed in § 686.4 of the OMRDD regulations will be formed to review progress of the residence until it becomes operational and to monitor activities of the residence after it becomes operational.