[HISTORY: Adopted by the Township Council of the Township of Mine Hill 5-4-2006 by Ord. No. 12-06. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Any person under the age of 13.
- CHILD-CARE CENTER or CENTER
- Any facility which is maintained for the care, development or supervision of less than six children who attend the facility for less than 24 hours a day. In the case of a center operating in a sponsor's home, children who reside in the home shall not be included when counting the number of children being served. This term shall include, but shall not be limited to, day-care centers, drop-in centers, nighttime centers, recreation centers sponsored and operated by a county or municipal government recreation or park department or agency, day nurseries, nursery and play schools, cooperative child centers, centers for children with special needs, centers serving sick children, infant-toddler programs, school-age child-care programs, employer-supported centers, centers that have been licensed by the Department of Human Services prior to the enactment of the "Child-Care Center Licensing Act," P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.), and kindergartens that are not an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth. This term shall not include:
- A. A program operated by a private school which is run solely for educational purposes. This exclusion shall include kindergartens, prekindergarten programs or child-care centers that are an integral part of a private educational institution or system offering elementary education in grades kindergarten through sixth, seventh or eighth;
- B. Centers or special classes operated primarily for religious instruction or for the temporary care of children while persons responsible for such children are attending religious services;
- C. A program of specialized activity or instruction for children that is not designed or intended for child-care purposes, including, but not limited to, Boy Scouts, Girl Scouts, 4-H clubs, and Junior Achievement, and single-activity programs such as athletics, gymnastics, hobbies, art, music, and dance and craft instruction, which are supervised by an adult, agency or institution;
- D. Youth camps required to be licensed under the "New Jersey Youth Camp Safety Act," P.L. 1973, c. 375 (N.J.S.A. 26:12-1 et seq.). To qualify for an exemption from licensing under this provision, a program must have a valid and current license as a youth camp issued by the Department of Health. A youth camp sponsor who also operates a child-care center shall secure a license from the Department of Human Services for the center;
- E. Day training centers operated by or under contract with the Division of Developmental Disabilities within the Department of Human Services;
- F. Programs operated by the board of education of a local public school district that is responsible for their implementation and management;
- G. A program such as that located in a bowling alley, health spa or other facility in which each child attends for a limited time period while the parent is present and using the facility;
- H. A child-care program operating within a geographical area, enclave or facility that is owned or operated by the federal government;
- I. Privately operated infant and preschool programs that are approved by the Department of Education to provide services exclusively to local school districts for handicapped children, pursuant to N.J.S.A. 18A:46-1 et seq.
- A natural or adoptive parent, guardian, or any other person having responsibility for, or custody of, a child.
- Any individual, corporation, company, association, organization, society, firm, partnership, joint-stock company, the state or any political subdivision thereof.
- Any person owning or operating a child-care center.
No person shall conduct, maintain or operate a child-care center unless a license has been obtained from the Township pursuant to the terms of this chapter. A separate license shall be obtained for each location. The license shall be posted and displayed by the sponsor at all times in a prominent location within the center. No license issued pursuant to this chapter shall be transferable. A change in the sponsor of a licensed child-care center shall require notification to the Township within 14 calendar days and reapplication for licensure.
The Township shall have responsibility and authority to license and inspect child-care centers.
The Township shall conduct an on-site facility inspection and shall determine whether the center complies with the provisions of this chapter.
The Township shall have the authority to inspect and examine the physical plant or facilities of a child-care center and to inspect all documents, records, files or other data maintained by the center that in any way relate to the physical plant or facilities during normal operating hours and without prior notice.
The Township shall request the appropriate local fire, health and building officials to conduct examinations and inspections to determine compliance with state and local ordinances, codes and regulations by a child-care center. The inspections shall be conducted and the results reported to the Township within 60 days after the request.
Any person operating a child-care center on the effective date of this chapter or desiring to operate a child-care center shall make application in the manner and on the forms prescribed by the Township. The license application form shall include, but shall not be limited to, the following information: the name and address of the child-care center, its sponsor, the staff, the qualifications of the staff members, each member of the board of directors of the corporation, the child-care center operator if different from the sponsor, a description of the center's premises, facilities and programs, the number and age of children to be enrolled in the center and the hours of its operation.
If a child-care center meets the requirements of this chapter, the Township shall issue a license to the center. A license shall be valid for a period of three years and may be renewed at the end of that period, subject to continued compliance with the provisions of this chapter.
A child-care center shall pay a fee as set forth in Chapter 235, Fees, to apply for each license, to help defray the cost to the Township of the inspections of the child-care center.
If the Township determines that, although in substantial compliance, a child-care center does not meet all the applicable provisions of this chapter, but that the extent of the center's deviation from legal requirements is not deemed hazardous to the education, health, safety, general well-being, and physical and intellectual development of the children, the Township may issue a temporary license which may be issued for a period up to six months. The Township may renew the temporary license as often as it deems necessary, but no child-care center may operate with a temporary license for more than a total of 18 consecutive months.
The Township may deny, suspend, revoke or refuse to renew a license for good cause, including, but not limited to:
Failure of a child-care center or its sponsor to comply with the provisions of this chapter;
Use of fraud or misrepresentation by a child-care center or its sponsor in obtaining a license or in the subsequent operation of the center;
Refusal by a center or its sponsor to furnish the Township with required files, reports or records;
Refusal by a center or its sponsor to permit an inspection by an authorized representative of the Township during normal operating hours;
Any conduct, engaged in or permitted, which adversely affects or presents a serious hazard to the education, health, safety and general well-being and physical and intellectual development of a child attending the child-care center, or which otherwise demonstrates unfitness to operate a child-care center.