10-09-1996 Council Agenda - Laserfiche WebLink

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383 HUMAN SERVICES LICENSING 245A.11 of the persons being served by the program. Nothing in sections 245A.01 to 245A.16 shall be construed to exclude or prohibit residential programs from single- family zones if otherwise permitted by local zoning regulations. Subd. 4. Location of residential programs. In determining whether to grant a license, the commissioner shall specifically consider the population, size, land use plan, availability of community services, and the number and size of existing licensed resi- dential programs in the town, municipality, or county in which the applicant seeks to operate a residential program. The commissioner shall not grant an initial license to any residential program if the residential program will be within 1,320 feet of an exist- ing residential program unless one of the following conditions apply: (1) the existing residential program is located in a hospital licensed by the commissioner of health; (2) the town, municipality, or county zoning authority grants the residential program a conditional use or special use permit; (3) the program serves six or fewer persons and is not located in a city of the first class; or (4) the program is foster care. Subd. 5. Overconcentration and dispersal. (a) Before January 1, 1985, each county having two or more group residential programs within 1,320 feet of each other shall submit to the department of human services a plan to promote dispersal of group resi- dential programs. In formulating its plan, the county shall solicit the participation of affected persons, programs, municipalities having highly concentrated residential pro- gram populations, and advocacy groups. For the purposes of this subdivision, "highly concentrated" means having a population in residential programs serving seven or more persons that exceeds one -half of one percent of the population of a recognized planning district or other administrative subdivision. (b) Within 45 days after the county submits the plan, the commissioner shall cer- tify whether the plan fulfills the purposes and requirements of this subdivision includ- ing the following requirements: (I) a new program serving seven or more persons must not be located in any recog- nized planning district or other administrative subdivision where the population in res- idential programs is highly concentrated; (2) the county plan must promote dispersal of highly concentrated residential pro- gram populations; (3) the county plan shall promote the development of residential programs in areas that are not highly concentrated; (4) no person in a residential program shall be displaced as a result of this section until a relocation plan has been implemented that provides for an acceptable alterna- tive placement; (5) if the plan provides for the relocation of residential programs, the relocation must be completed by January 1, 1990. If the commissioner cenifies that the plan does not do so, the commissioner shall state the reasons. and the county has 30 days to sub- mit a plan amended to comply with the requirements of the commissioner. (c) After July 1, 1985, the commissioner may reduce grants under section 245.73 to a county required to have an approved plan under paragraph (a) if the county does not have a plan approved by the commissioner or if the county acts in substantial disre- gard of its approved plan. The county board has the right to be provided with advance notice and to appeal the commissioner's decision. If the county requests a hearing within 30 days of the notification of intent to reduce grants, the commissioner shall not certify any reduction in grants until a hearing is conducted and a decision made in accordance with the contested case provisions of chapter 14. Subd. 5a. Integration of residential programs. The commissioner of human ser- vices shall seek input from counties and municipalities on methods for integrating all residential programs into the community. Subd. 6. Hospitals: exemption. Residential programs located in hospitals shall be exempt from the provisions of this section. History: 1987 c 333 s 12: 1988 c 411 s 6: 1990 c 568 art 2 s 47: 1992 c 513 art 9 s 14: 1993 c 10 s 1 Page 4