§ 41.34 Site selection of community residential facilities.\n (a) For the purposes of this section, the following definitions shall\napply:\n (1) "Community residential facility for the disabled" means a\nsupportive living facility with four to fourteen residents or a\nsupervised living facility subject to licensure by the office of mental\nhealth or the office for people with developmental disabilities which\nprovides a residence for up to fourteen individuals with mental\ndisabilities, including residential treatment facilities for children\nand youth.\n (2) "Sponsoring agency" means an agency or unit of government, a\nvoluntary agency or any other person or organization which intends to\nestablish or operate a community residential facility for the disabled.\n (3) "Municipality" means an incorporated village if a facility is to\nbe located therein, a town if the facility is to be located therein and\nnot simultaneously within an incorporated village, or a city, except\nthat in the city of New York, the community board with jurisdiction over\nthe area in which such a facility is to be located shall be considered\nthe municipality.\n (4) "Commissioner" means the commissioner of the office of the\ndepartment responsible for issuance of license and operating certificate\nto the proposed community residential facility.\n (b) If a sponsoring agency intends to establish a residential facility\nfor the disabled within a municipality but does not have a specific site\nselected, it may notify the chief executive officer of the municipality\nin writing of its intentions and include in such notice a description of\nthe nature, size and community support requirements of the program.\nProvided, however, nothing in this subdivision shall preclude the\nproposed establishment of a site pursuant to subdivision (c) of this\nsection.\n (c) (1) When a site has been selected by the sponsoring agency, it\nshall notify the chief executive officer of the municipality in writing\nand include in such notice the specific address of the site, the type of\ncommunity residence, the number of residents and the community support\nrequirements of the program. Such notice shall also contain the most\nrecently published data compiled pursuant to section four hundred\nsixty-three of the social services law which can reasonably be expected\nto permit the municipality to evaluate all such facilities affecting the\nnature and character of the area wherein such proposed facility is to be\nlocated. The municipality shall have forty days after the receipt of\nsuch notice to:\n (A) approve the site recommended by the sponsoring agency;\n (B) suggest one or more suitable sites within its jurisdiction which\ncould accommodate such a facility; or\n (C) object to the establishment of a facility of the kind described by\nthe sponsoring agency because to do so would result in such a\nconcentration of community residential facilities for the mentally\ndisabled in the municipality or in the area in proximity to the site\nselected or a combination of such facilities with other community\nresidences or similar facilities licensed by other agencies of state\ngovernment, including all community residences, intermediate care\nfacilities, residential care facilities for adults and residential\ntreatment facilities for individuals with mental illness or\ndevelopmental disabilities operated pursuant to article sixteen or\narticle thirty-one of this chapter and all similar residential\nfacilities of fourteen or less residents operated or licensed by another\nstate agency, that the nature and character of the areas within the\nmunicipality would be substantially altered.\n Such response shall be forwarded to the sponsoring agency and the\ncommissioner. If the municipality does not respond within forty days,\nthe sponsoring agency may establish a community residence at a site\nrecommended in its notice.\n (2) Prior to forwarding a response to the sponsoring agency and the\n
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