NY State Senate Bill 2017-S7436

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 18, 2018	referred to local government

2017-S7436 (ACTIVE) - Details

See Assembly Version of this Bill:: A9045
Current Committee:: Senate Local Government
Law Section:: Town Law
Laws Affected:: Add §274-c, Town L; add §7-725-c, Vil L; add §82, Gen City L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S4865, A4789
2013-2014: S2008, A1891
2015-2016: S364, A165

2017-S7436 (ACTIVE) - Summary

Relates to zoning provisions for temporary family health care structures.

2017-S7436 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7436

SPONSOR: LAVALLE
 
TITLE OF BILL:  An act to amend the town law, the village law and the
general city law, in relation to zoning provisions for temporary family
health care structures

 
PURPOSE:

This legislation relates to zoning provisions for temporary health care
structures for use by caregivers in providing care for persons who are
mentally disabled or physically impaired.

 
SUMMARY OF PROVISIONS:

This legislation adds a new section to the town law (Section 274-c), the
village law (Section 7-725-c) and the general city law (Section 82)
relating to zoning provisions for temporary family health care struc-
tures.

JUSTIFICATION:

This legislation would provide senior citizens and other physically or
mentally impaired individuals needing a caregiver's assistance an alter-
native to living away from their loved ones within the confines of a
nursing home. It expands zoning ordinances to allow a municipality to
consider the placement of a transportable residential structure on the
property owned by an individual who manages the care and well-being of a
mentally disabled or physically impaired person. As proposed in this
legislation, a temporary family healthcare structure' is defined as a
transportable residential structure, providing an environment facilitat-
ing a caregiver's provision of care for a person who is certified by a
physician as mentally disabled or physically impaired, primarily assem-
bled at a location other than its site of installation, limited to one
occupant who shall be the mentally disabled or physically impaired
person, can be no more than three hundred square feet and must comply
with local zoning and building ordinances. The building must be removed
within 30 days after the occupant passes away, moves or no longer needs
to receive care in the dwelling.

According to an AARP bulletin published in July 2010, cities in Califor-
nia, Washington and Minnesota have expanded zoning ordinances to allow
for these types of temporary health care structures. In fact, legis-
lation has been enacted in the state of Virginia which supersedes local
zoning laws which will allow dwellings called "MEDCottage" (invented by
Rev. Kenneth Dupin of Salem, VA) to be installed on single-home proper-
ties with a doctor's order. These particular structures are equipped
with biometric technology that would allow family members and healthcare
providers to monitor the condition of an aging or disabled, relative.
The cottage contains air-filtration systems, video links, devices that
allow the remote monitoring of vital signs and sensors that could detect
an occupant's fall.

This legislation would eliminate a major obstacle to making temporary
family health care structures, like a MEDCottage, a practical and safe
option for people who can no longer care for themselves.

 
LEGISLATIVE HISTORY:

2015-16: S.364/A.165
2013-14: S.2008/A.1891
2011-12: S.4865/A.4789

 
FISCAL IMPLICATIONS:

None to the State.

 
EFFECTIVE DATE:
Immediately.

2017-S7436 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7436                                                  A. 9045
 
                       S E N A T E - A S S E M B L Y
 
                             January 18, 2018
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Local Govern-
   ment
 
 IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
   to the Committee on Local Governments
 
 AN ACT to amend the town law, the village law and the general city  law,
   in  relation  to  zoning  provisions  for temporary family health care
   structures
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  town law is amended by adding a new section 274-c to
 read as follows:
   § 274-C. ZONING PROVISIONS FOR TEMPORARY  FAMILY  HEALTH  CARE  STRUC-
 TURES. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "CAREGIVER" MEANS AN ADULT WHO PROVIDES CARE FOR A MENTALLY DISA-
 BLED OR PHYSICALLY IMPAIRED PERSON WITHIN THE STATE. A  CAREGIVER  SHALL
 BE  EITHER  RELATED  BY  BLOOD,  MARRIAGE, OR ADOPTION TO OR THE LEGALLY
 APPOINTED GUARDIAN OF  THE  MENTALLY  DISABLED  OR  PHYSICALLY  IMPAIRED
 PERSON FOR WHOM HE OR SHE IS CARING.
   (B)  "PHYSICALLY  IMPAIRED PERSON" MEANS A PERSON WHO IS A RESIDENT OF
 THE STATE AND WHO REQUIRES ASSISTANCE WITH TWO  OR  MORE  ACTIVITIES  OF
 DAILY LIVING AS CERTIFIED IN A STATEMENT OF A PHYSICIAN DULY LICENSED TO
 PRACTICE MEDICINE.
   (C)  "MENTALLY  DISABLED PERSON" MEANS A PERSON WITH A MENTAL ILLNESS,
 MENTAL  RETARDATION,  DEVELOPMENTAL  DISABILITY,  ALCOHOLISM,  SUBSTANCE
 DEPENDENCE,  OR  CHEMICAL  DEPENDENCE AS DEFINED IN SUBDIVISION THREE OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   (D) "TEMPORARY FAMILY HEALTH CARE  STRUCTURE"  MEANS  A  TRANSPORTABLE
 RESIDENTIAL   STRUCTURE,   PROVIDING   AN   ENVIRONMENT  FACILITATING  A
 CAREGIVER'S PROVISION OF CARE FOR  A  MENTALLY  DISABLED  OR  PHYSICALLY
 IMPAIRED  PERSON,  THAT  (I)  IS PRIMARILY ASSEMBLED AT A LOCATION OTHER
 THAN ITS SITE OF INSTALLATION, (II) IS LIMITED TO ONE OCCUPANT WHO SHALL
 BE THE MENTALLY DISABLED OR PHYSICALLY IMPAIRED  PERSON,  (III)  HAS  NO
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD08098-01-7

 S. 7436                             2                            A. 9045
 
 MORE THAN THREE HUNDRED GROSS SQUARE FEET, AND (IV) COMPLIES WITH APPLI-
 CABLE  PROVISIONS OF SECTION ONE HUNDRED THIRTY OF THIS CHAPTER. PLACING
 THE TEMPORARY FAMILY HEALTH CARE STRUCTURE  ON  A  PERMANENT  FOUNDATION
 SHALL NOT BE REQUIRED OR PERMITTED.
   2.  ZONING ORDINANCES FOR ALL PURPOSES SHALL CONSIDER TEMPORARY FAMILY
 HEALTH CARE STRUCTURES FOR USE BY A CAREGIVER IN PROVIDING  CARE  FOR  A
 MENTALLY DISABLED OR PHYSICALLY IMPAIRED PERSON AND ON PROPERTY OWNED OR
 OCCUPIED  BY THE CAREGIVER AS HIS OR HER RESIDENCE AS A PERMITTED ACCES-
 SORY FOR USE IN ANY SINGLE-FAMILY RESIDENTIAL ZONING  DISTRICT  ON  LOTS
 ZONED  FOR  SINGLE-FAMILY  DETACHED DWELLINGS. SUCH STRUCTURES SHALL NOT
 REQUIRE A SPECIAL USE PERMIT OR BE SUBJECTED TO ANY OTHER LOCAL REQUIRE-
 MENTS BEYOND THOSE IMPOSED UPON OTHER AUTHORIZED  ACCESSORY  STRUCTURES,
 EXCEPT  AS  OTHERWISE  PROVIDED IN THIS SECTION.   SUCH STRUCTURES SHALL
 COMPLY WITH ALL SETBACK REQUIREMENTS THAT APPLY TO THE PRIMARY STRUCTURE
 AND WITH ANY MAXIMUM FLOOR AREA RATION LIMITATIONS THAT MAY APPLY TO THE
 PRIMARY STRUCTURE. ONLY  ONE  FAMILY  HEALTH  CARE  STRUCTURE  SHALL  BE
 ALLOWED ON A LOT OR PARCEL OF LAND.
   3.  ANY  PERSON  PROPOSING  TO  INSTALL A TEMPORARY FAMILY HEALTH CARE
 STRUCTURE SHALL FIRST OBTAIN A PERMIT FROM THE PLANNING  BOARD  OR  SUCH
 OTHER  ADMINISTRATIVE  BODY, FOR WHICH THE LOCALITY MAY CHARGE A UNIFORM
 FEE OF UP TO ONE HUNDRED DOLLARS.  THE LOCALITY MAY  NOT  WITHHOLD  SUCH
 PERMIT  IF  THE  APPLICANT  PROVIDES SUFFICIENT PROOF OF COMPLIANCE WITH
 THIS SECTION. THE  LOCALITY  MAY  REQUIRE  THAT  THE  APPLICANT  PROVIDE
 EVIDENCE  OF  COMPLIANCE WITH THIS SECTION ON AN ANNUAL BASIS AS LONG AS
 THE TEMPORARY FAMILY HEALTH CARE STRUCTURE REMAINS ON THE PROPERTY. SUCH
 EVIDENCE MAY INVOLVE THE INSPECTION BY THE  LOCALITY  OF  THE  TEMPORARY
 FAMILY HEALTH CARE STRUCTURE AT REASONABLE TIMES CONVENIENT TO THE CARE-
 GIVER, NOT LIMITED TO ANY ANNUAL COMPLIANCE CONFIRMATION.
   4.  ANY  TEMPORARY  FAMILY HEALTH CARE STRUCTURE INSTALLED PURSUANT TO
 THIS SECTION MAY BE REQUIRED TO CONNECT TO ANY WATER, SEWER,  AND  ELEC-
 TRIC  UTILITIES  THAT  ARE SERVING THE PRIMARY RESIDENCE ON THE PROPERTY
 AND SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF SECTION ONE HUNDRED
 THIRTY OF THIS CHAPTER.
   5. NO SIGNAGE ADVERTISING OR OTHERWISE PROMOTING THE EXISTENCE OF  THE
 STRUCTURE  SHALL  BE  PERMITTED  EITHER ON THE EXTERIOR OF THE TEMPORARY
 FAMILY HEALTH CARE STRUCTURE OR ELSEWHERE ON THE PROPERTY.
   6. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
 THIS  SECTION  SHALL  BE  REMOVED  WITHIN THIRTY DAYS AFTER THE MENTALLY
 DISABLED OR PHYSICALLY IMPAIRED PERSON IS NO LONGER RECEIVING OR  IS  NO
 LONGER IN NEED OF THE ASSISTANCE PROVIDED FOR IN THIS SECTION.
   7. THE PLANNING BOARD OR OTHER SUCH ADMINISTRATIVE BODY MAY REVOKE THE
 PERMIT  GRANTED  PURSUANT  TO  SUBDIVISION  THREE OF THIS SECTION IF THE
 PERMIT HOLDER VIOLATES ANY PROVISION OF THIS SECTION. ADDITIONALLY,  THE
 LOCAL  GOVERNING  BODY  MAY  SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE
 ACTIONS OR PROCEEDINGS TO ENSURE COMPLIANCE  WITH  THIS  SECTION.    THE
 PLANNING  BOARD  OR  OTHER  SUCH  ADMINISTRATIVE BODY IS VESTED WITH ALL
 NECESSARY AUTHORITY ON BEHALF OF THE GOVERNING BODY OF THE  LOCALITY  TO
 ENSURE COMPLIANCE WITH THIS SECTION.
   §  2.  The  village  law is amended by adding a new section 7-725-c to
 read as follows:
   § 7-725-C ZONING PROVISIONS FOR TEMPORARY FAMILY  HEALTH  CARE  STRUC-
 TURES. 1. FOR PURPOSES OF THIS SECTION:
   (A)  "CAREGIVER" MEANS AN ADULT WHO PROVIDES CARE FOR A MENTALLY DISA-
 BLED OR PHYSICALLY IMPAIRED PERSON WITHIN THE STATE. A  CAREGIVER  SHALL
 BE  EITHER  RELATED  BY  BLOOD,  MARRIAGE, OR ADOPTION TO OR THE LEGALLY

 S. 7436                             3                            A. 9045

 APPOINTED GUARDIAN OF  THE  MENTALLY  DISABLED  OR  PHYSICALLY  IMPAIRED
 PERSON FOR WHOM HE OR SHE IS CARING.
   (B)  "PHYSICALLY  IMPAIRED PERSON" MEANS A PERSON WHO IS A RESIDENT OF
 THE STATE AND WHO REQUIRES ASSISTANCE WITH TWO  OR  MORE  ACTIVITIES  OF
 DAILY LIVING AS CERTIFIED IN A STATEMENT OF A PHYSICIAN DULY LICENSED TO
 PRACTICE MEDICINE.
   (C)  "MENTALLY  DISABLED PERSON" MEANS A PERSON WITH A MENTAL ILLNESS,
 MENTAL  RETARDATION,  DEVELOPMENTAL  DISABILITY,  ALCOHOLISM,  SUBSTANCE
 DEPENDENCE,  OR  CHEMICAL  DEPENDENCE AS DEFINED IN SUBDIVISION THREE OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   (D) "TEMPORARY FAMILY HEALTH CARE  STRUCTURE"  MEANS  A  TRANSPORTABLE
 RESIDENTIAL   STRUCTURE,   PROVIDING   AN   ENVIRONMENT  FACILITATING  A
 CAREGIVER'S PROVISION OF CARE FOR  A  MENTALLY  DISABLED  OR  PHYSICALLY
 IMPAIRED  PERSON,  THAT  (I)  IS PRIMARILY ASSEMBLED AT A LOCATION OTHER
 THAN ITS SITE OF INSTALLATION, (II) IS LIMITED TO ONE OCCUPANT WHO SHALL
 BE THE MENTALLY DISABLED OR PHYSICALLY IMPAIRED  PERSON,  (III)  HAS  NO
 MORE THAN THREE HUNDRED GROSS SQUARE FEET, AND (IV) COMPLIES WITH APPLI-
 CABLE PROVISIONS OF SECTION 7-700 OF THIS ARTICLE. PLACING THE TEMPORARY
 FAMILY  HEALTH  CARE  STRUCTURE  ON  A PERMANENT FOUNDATION SHALL NOT BE
 REQUIRED OR PERMITTED.
   2. ZONING ORDINANCES FOR ALL PURPOSES SHALL CONSIDER TEMPORARY  FAMILY
 HEALTH  CARE  STRUCTURES  FOR USE BY A CAREGIVER IN PROVIDING CARE FOR A
 MENTALLY DISABLED OR PHYSICALLY IMPAIRED PERSON AND ON PROPERTY OWNED OR
 OCCUPIED BY THE CAREGIVER AS HIS OR HER RESIDENCE AS A PERMITTED  ACCES-
 SORY  FOR  USE  IN ANY SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT ON LOTS
 ZONED FOR SINGLE-FAMILY DETACHED DWELLINGS. SUCH  STRUCTURES  SHALL  NOT
 REQUIRE A SPECIAL USE PERMIT OR BE SUBJECTED TO ANY OTHER LOCAL REQUIRE-
 MENTS  BEYOND  THOSE IMPOSED UPON OTHER AUTHORIZED ACCESSORY STRUCTURES,
 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.    SUCH  STRUCTURES  SHALL
 COMPLY WITH ALL SETBACK REQUIREMENTS THAT APPLY TO THE PRIMARY STRUCTURE
 AND WITH ANY MAXIMUM FLOOR AREA RATION LIMITATIONS THAT MAY APPLY TO THE
 PRIMARY  STRUCTURE.  ONLY  ONE  FAMILY  HEALTH  CARE  STRUCTURE SHALL BE
 ALLOWED ON A LOT OR PARCEL OF LAND.
   3. ANY PERSON PROPOSING TO INSTALL  A  TEMPORARY  FAMILY  HEALTH  CARE
 STRUCTURE  SHALL  FIRST  OBTAIN A PERMIT FROM THE PLANNING BOARD OR SUCH
 OTHER ADMINISTRATIVE BODY, FOR WHICH THE LOCALITY MAY CHARGE  A  UNIFORM
 FEE  OF  UP  TO ONE HUNDRED DOLLARS.  THE LOCALITY MAY NOT WITHHOLD SUCH
 PERMIT IF THE APPLICANT PROVIDES SUFFICIENT  PROOF  OF  COMPLIANCE  WITH
 THIS  SECTION.  THE  LOCALITY  MAY  REQUIRE  THAT  THE APPLICANT PROVIDE
 EVIDENCE OF COMPLIANCE WITH THIS SECTION ON AN ANNUAL BASIS AS  LONG  AS
 THE TEMPORARY FAMILY HEALTH CARE STRUCTURE REMAINS ON THE PROPERTY. SUCH
 EVIDENCE  MAY  INVOLVE  THE  INSPECTION BY THE LOCALITY OF THE TEMPORARY
 FAMILY HEALTH CARE STRUCTURE AT REASONABLE TIMES CONVENIENT TO THE CARE-
 GIVER, NOT LIMITED TO ANY ANNUAL COMPLIANCE CONFIRMATION.
   4. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
 THIS  SECTION  MAY BE REQUIRED TO CONNECT TO ANY WATER, SEWER, AND ELEC-
 TRIC UTILITIES THAT ARE SERVING THE PRIMARY RESIDENCE  ON  THE  PROPERTY
 AND  SHALL  COMPLY  WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS 11-1112
 AND 14-1438 OF THIS CHAPTER.
   5. NO SIGNAGE ADVERTISING OR OTHERWISE PROMOTING THE EXISTENCE OF  THE
 STRUCTURE  SHALL  BE  PERMITTED  EITHER ON THE EXTERIOR OF THE TEMPORARY
 FAMILY HEALTH CARE STRUCTURE OR ELSEWHERE ON THE PROPERTY.
   6. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
 THIS  SECTION  SHALL  BE  REMOVED  WITHIN THIRTY DAYS AFTER THE MENTALLY
 DISABLED OR PHYSICALLY IMPAIRED PERSON IS NO LONGER RECEIVING OR  IS  NO
 LONGER IN NEED OF THE ASSISTANCE PROVIDED FOR IN THIS SECTION.

 S. 7436                             4                            A. 9045
 
   7. THE PLANNING BOARD OR OTHER SUCH ADMINISTRATIVE BODY MAY REVOKE THE
 PERMIT  GRANTED  PURSUANT  TO  SUBDIVISION  THREE OF THIS SECTION IF THE
 PERMIT HOLDER VIOLATES ANY PROVISION OF THIS SECTION. ADDITIONALLY,  THE
 LOCAL  GOVERNING  BODY  MAY  SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE
 ACTIONS  OR  PROCEEDINGS  TO  ENSURE COMPLIANCE WITH THIS SECTION.   THE
 PLANNING BOARD OR OTHER SUCH ADMINISTRATIVE  BODY  IS  VESTED  WITH  ALL
 NECESSARY  AUTHORITY  ON BEHALF OF THE GOVERNING BODY OF THE LOCALITY TO
 ENSURE COMPLIANCE WITH THIS SECTION.
   § 3. The general city law is amended by adding a  new  section  82  to
 read as follows:
   §  82.  ZONING PROVISIONS FOR TEMPORARY FAMILY HEALTH CARE STRUCTURES.
 1. FOR PURPOSES OF THIS SECTION:
   (A) "CAREGIVER" MEANS AN ADULT WHO PROVIDES CARE FOR A MENTALLY  DISA-
 BLED  OR  PHYSICALLY IMPAIRED PERSON WITHIN THE STATE. A CAREGIVER SHALL
 BE EITHER RELATED BY BLOOD, MARRIAGE, OR  ADOPTION  TO  OR  THE  LEGALLY
 APPOINTED  GUARDIAN  OF  THE  MENTALLY  DISABLED  OR PHYSICALLY IMPAIRED
 PERSON FOR WHOM HE OR SHE IS CARING.
   (B) "PHYSICALLY IMPAIRED PERSON" MEANS A PERSON WHO IS A  RESIDENT  OF
 THE  STATE  AND  WHO  REQUIRES ASSISTANCE WITH TWO OR MORE ACTIVITIES OF
 DAILY LIVING AS CERTIFIED IN A STATEMENT OF A PHYSICIAN DULY LICENSED TO
 PRACTICE MEDICINE.
   (C) "MENTALLY DISABLED PERSON" MEANS A PERSON WITH A  MENTAL  ILLNESS,
 MENTAL  RETARDATION,  DEVELOPMENTAL  DISABILITY,  ALCOHOLISM,  SUBSTANCE
 DEPENDENCE, OR CHEMICAL DEPENDENCE AS DEFINED IN  SUBDIVISION  THREE  OF
 SECTION 1.03 OF THE MENTAL HYGIENE LAW.
   (D)  "TEMPORARY  FAMILY  HEALTH  CARE STRUCTURE" MEANS A TRANSPORTABLE
 RESIDENTIAL  STRUCTURE,  PROVIDING   AN   ENVIRONMENT   FACILITATING   A
 CAREGIVER'S  PROVISION  OF  CARE  FOR  A MENTALLY DISABLED OR PHYSICALLY
 IMPAIRED PERSON, THAT (I) IS PRIMARILY ASSEMBLED  AT  A  LOCATION  OTHER
 THAN ITS SITE OF INSTALLATION, (II) IS LIMITED TO ONE OCCUPANT WHO SHALL
 BE  THE  MENTALLY  DISABLED  OR PHYSICALLY IMPAIRED PERSON, (III) HAS NO
 MORE THAN THREE HUNDRED GROSS SQUARE FEET, AND (IV) COMPLIES WITH APPLI-
 CABLE PROVISIONS OF SUBDIVISIONS TWENTY-FOUR AND TWENTY-FIVE OF  SECTION
 TWENTY  OF THIS CHAPTER. PLACING THE TEMPORARY FAMILY HEALTH CARE STRUC-
 TURE ON A PERMANENT FOUNDATION SHALL NOT BE REQUIRED OR PERMITTED.
   2. ZONING ORDINANCES FOR ALL PURPOSES SHALL CONSIDER TEMPORARY  FAMILY
 HEALTH  CARE  STRUCTURES  FOR USE BY A CAREGIVER IN PROVIDING CARE FOR A
 MENTALLY DISABLED OR PHYSICALLY IMPAIRED PERSON AND ON PROPERTY OWNED OR
 OCCUPIED BY THE CAREGIVER AS HIS OR HER RESIDENCE AS A PERMITTED  ACCES-
 SORY  FOR  USE  IN ANY SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT ON LOTS
 ZONED FOR SINGLE-FAMILY DETACHED DWELLINGS. SUCH  STRUCTURES  SHALL  NOT
 REQUIRE A SPECIAL USE PERMIT OR BE SUBJECTED TO ANY OTHER LOCAL REQUIRE-
 MENTS  BEYOND  THOSE IMPOSED UPON OTHER AUTHORIZED ACCESSORY STRUCTURES,
 EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION.    SUCH  STRUCTURES  SHALL
 COMPLY WITH ALL SETBACK REQUIREMENTS THAT APPLY TO THE PRIMARY STRUCTURE
 AND WITH ANY MAXIMUM FLOOR AREA RATION LIMITATIONS THAT MAY APPLY TO THE
 PRIMARY  STRUCTURE.  ONLY  ONE  FAMILY  HEALTH  CARE  STRUCTURE SHALL BE
 ALLOWED ON A LOT OR PARCEL OF LAND.
   3. ANY PERSON PROPOSING TO INSTALL  A  TEMPORARY  FAMILY  HEALTH  CARE
 STRUCTURE  SHALL  FIRST  OBTAIN A PERMIT FROM THE PLANNING BOARD OR SUCH
 OTHER ADMINISTRATIVE BODY, FOR WHICH THE LOCALITY MAY CHARGE  A  UNIFORM
 FEE  OF  UP  TO ONE HUNDRED DOLLARS.  THE LOCALITY MAY NOT WITHHOLD SUCH
 PERMIT IF THE APPLICANT PROVIDES SUFFICIENT  PROOF  OF  COMPLIANCE  WITH
 THIS  SECTION.  THE  LOCALITY  MAY  REQUIRE  THAT  THE APPLICANT PROVIDE
 EVIDENCE OF COMPLIANCE WITH THIS SECTION ON AN ANNUAL BASIS AS  LONG  AS
 THE TEMPORARY FAMILY HEALTH CARE STRUCTURE REMAINS ON THE PROPERTY. SUCH

 S. 7436                             5                            A. 9045
 
 EVIDENCE  MAY  INVOLVE  THE  INSPECTION BY THE LOCALITY OF THE TEMPORARY
 FAMILY HEALTH CARE STRUCTURE AT REASONABLE TIMES CONVENIENT TO THE CARE-
 GIVER, NOT LIMITED TO ANY ANNUAL COMPLIANCE CONFIRMATION.
   4.  ANY  TEMPORARY  FAMILY HEALTH CARE STRUCTURE INSTALLED PURSUANT TO
 THIS SECTION MAY BE REQUIRED TO CONNECT TO ANY WATER, SEWER,  AND  ELEC-
 TRIC  UTILITIES  THAT  ARE SERVING THE PRIMARY RESIDENCE ON THE PROPERTY
 AND SHALL COMPLY WITH ALL APPLICABLE REQUIREMENTS OF SECTIONS TWENTY AND
 FIFTY-THREE OF THIS CHAPTER.
   5. NO SIGNAGE ADVERTISING OR OTHERWISE PROMOTING THE EXISTENCE OF  THE
 STRUCTURE  SHALL  BE  PERMITTED  EITHER ON THE EXTERIOR OF THE TEMPORARY
 FAMILY HEALTH CARE STRUCTURE OR ELSEWHERE ON THE PROPERTY.
   6. ANY TEMPORARY FAMILY HEALTH CARE STRUCTURE  INSTALLED  PURSUANT  TO
 THIS  SECTION  SHALL  BE  REMOVED  WITHIN THIRTY DAYS AFTER THE MENTALLY
 DISABLED OR PHYSICALLY IMPAIRED PERSON IS NO LONGER RECEIVING OR  IS  NO
 LONGER IN NEED OF THE ASSISTANCE PROVIDED FOR IN THIS SECTION.
   7. THE PLANNING BOARD OR OTHER SUCH ADMINISTRATIVE BODY MAY REVOKE THE
 PERMIT  GRANTED  PURSUANT  TO  SUBDIVISION  THREE OF THIS SECTION IF THE
 PERMIT HOLDER VIOLATES ANY PROVISION OF THIS SECTION. ADDITIONALLY,  THE
 LOCAL  GOVERNING  BODY  MAY  SEEK INJUNCTIVE RELIEF OR OTHER APPROPRIATE
 ACTIONS OR PROCEEDINGS TO ENSURE COMPLIANCE  WITH  THIS  SECTION.    THE
 PLANNING  BOARD  OR  OTHER  SUCH  ADMINISTRATIVE BODY IS VESTED WITH ALL
 NECESSARY AUTHORITY ON BEHALF OF THE GOVERNING BODY OF THE  LOCALITY  TO
 ENSURE COMPLIANCE WITH THIS SECTION.
   § 4. This act shall take effect immediately.

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Senate Bill S7436

Sponsored By

Archive: Last Bill Status - In Senate Committee Local Government Committee

2017-S7436 (ACTIVE) - Details

2017-S7436 (ACTIVE) - Summary

2017-S7436 (ACTIVE) - Sponsor Memo

2017-S7436 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7436

Share this bill

Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Local Government Committee

2017-S7436 (ACTIVE) - Details

2017-S7436 (ACTIVE) - Summary

2017-S7436 (ACTIVE) - Sponsor Memo

2017-S7436 (ACTIVE) - Bill Text download pdf

Comments