Article IV Criteria for SE/other uses
Section 402 Child or Adult Day Care Facilities
SECTION 402. Child or Adult Day Care Facilities.
A. Purpose. Recognizing the growing need for child and adult day care facilities, it is the intent of the Borough to encourage the establishment of such facilities in a manner which will preserve the character of residential neighborhoods while meeting the operational
and physical standards of the Pennsylvania Department of Public Welfare (DPW). Child and adult day care facilities, operated within a residence, are not subject to the requirements for home occupations contained in Section 401.
B. Application of Regulations. The provisions of this Section shall apply to child or adult day care facilities providing service for all or part of a 24-hour day for children under 16 years of age, or for persons who are otherwise disabled. Day care facilities shall include day care homes and day care centers as defined by this Ordinance, many of which are subject to Chapter II, Sections 8A, 8B, and 8C of DPW Social Services Manual Regulations, as may be amended from time to time. This Section does not apply to babysitting (as defined by this Ordinance) or child day care service furnished in places of worship during religious services.
C. General Provisions. The following general provisions apply to all child or adult day care facilities:
1. All child day care facilities shall present to the Borough a copy of their required state license upon request of the Zoning Officer as well as demonstrating compliance with any other applicable state or local building and fire safety codes.
2. The operator of a day care facility will allow appropriate representatives of the municipality to enter the property to inspect such use for compliance with the requirements of this Ordinance.
3. No portion of a day care facility shall be located within a 300 foot distance from any potentially hazardous land use or activity which could pose a threat to the safety of the children, staff, or other occupants of the facility.
4. Hours of outside play shall be limited to the hours of 8:00 a.m. until sunset.
5. An outdoor play area, as required by DPW regulations, shall be provided for child day care facilities and shall not be located in the front yard.
6. Adequate off-street parking and drop-off areas shall be provided.
7. Fencing shall be provided to restrict children from hazardous areas, such as open drainage ditches, wells, holes, and arterial and major collector roads. Natural or physical barriers may be used in place of fencing so long as such barriers functionally restrict children from these areas.
8. The expansion of a day care home to a day care center shall require a special exception.
9. Child and adult day care facilities shall not provide medical or personal care services which extend beyond assistance with dressing, bathing, diet, and medication prescribed for self administration unless licensed to provide such services.
10. When applying for a special exception, the applicant shall submit a plan showing any existing or proposed outdoor play areas, outdoor play equipment, fencing, access drives, adjacent streets, adjacent hazardous land uses, on-site hazardous areas (as previously defined), merchandise delivery areas, parking spaces, and the child or adult drop-off circulation pattern.
11. Day Care facilities shall give written notice to local police and fire departments as to the scope of their operation, including number of customers, location of sleeping areas and hours of operation.
D. Day Care Homes. In addition to the provisions of Section 402.C., day care homes shall comply with the following:
1. If care is provided to more than three (3) children at any one time, the facility shall have an approved and currently valid DPW registration certificate. Proof of DPW registration renewal must be supplied to the Borough every year.
2. Any external evidence of such use shall be limited to one (1) non-illuminated sign subject to Section 312 (sign regulations).
3. Day care homes shall only be permitted in single-family detached and semidetached dwellings and shall not be permitted in accessory buildings.
4. The person primarily responsible for the day care home shall be a full-time resident.
5. No more than one (1) person not in residence in the dwelling shall be employed in a day care home.
6. A fence with a minimum height of four (4) feet shall physically contain the children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children.
E. Day Care Centers. In addition to the provisions of Section 402.C, day care centers shall
comply with the following:
1. The facility shall have an approved and currently valid DPW license. Proof of DPW annual license renewal shall be supplied to the Borough every year.
2. A fence with a minimum height of four (4) feet shall physically contain the children within the outdoor play area. Natural or physical barriers may be used in place of fencing so long as such barriers functionally contain children.
3. If the facility has access to streets of different classifications, access shall be provided using the street of lesser functional classification.
4. Play equipment shall be located at least ten (10) feet from an abutting property line.
5. All pedestrian pathways shall be adequately lit for safety if utilized during nondaylight hours. Specific areas for lighting are entrance ways, pedestrian access to the outdoor play areas, sidewalks, drop-off areas, merchandise delivery areas, and all parking lots. Such lighting shall not produce objectionable glare on adjacent properties.
6. Day care centers may be permitted as an accessory use to churches, schools, recreation centers, and similar uses by special exception. Accessory day care centers shall comply with all other requirements for day care centers. In addition, evidence must be submitted to document that adequate indoor space, outdoor play space, and safe vehicular access are provided.
F. Application and Permitting Procedure. Child and adult day care facilities shall be subject to the following application and approval process:
1. The applicant shall demonstrate compliance with the requirements of this Ordinance and shall request a special exception from the Zoning Hearing Board. If the day care facility will be subject to DPW requirements, evidence of the ability to comply with said requirements must be presented as part of the special exception request.
2. The Zoning Officer shall review the application for compliance with the Zoning Ordinance, and visit the facility if deemed necessary by the Zoning Hearing Board.
Content Last Modified on 1/3/2012 11:04:48 AM
