It is the intent of this chapter on child day care to encourage
the establishment of a sufficient number and a variety of child day-care
arrangements in safe and convenient locations throughout the Township
in order to accommodate the growing demand of residents and workers
for such services, while meeting the operational and physical standards
of the Pennsylvania Department of Public Welfare (DPW).
The following general provisions apply to each of the three
defined types of child day-care facilities. In addition, each type
of child day-care facility shall comply with the specific individual
regulations for each type of facility.
A. Categories included. The provisions of this section pertain to day-care
service for children by caregivers in family day-care homes, group
day-care homes and day-care centers, subject to DPW rules and regulations.
Day-care services for children shall include out-of-home child day-care
service by caregivers, for part of a twenty-four-hour day for children
under 16 years of age, excluding care provided by relatives. Day-care
service for children shall not include babysitting or day care furnished
in places of worship during religious services.
B. Registration and licensing. Family day-care homes, as defined in
this chapter, must hold an approved and currently valid DPW registration
certificate. Group day-care homes and day-care centers, as defined
in this chapter, must hold an approved and currently valid DPW license.
In addition, all child day-care facilities shall comply with all current
DPW and UCC regulations, including those standards governing adequate
indoor space, accessible outdoor play spaces and any applicable state
or local building and fire safety codes.
C. Township notification. Each operator of a newly established child
day-care facility shall apply to the Township Zoning Officer, in writing,
for a zoning permit at least 30 days prior to the initiation of such
use, for the purpose of allowing the Township to establish a record
of the new land use.
(1) Family day-care homes must provide proof of an approved DPW registration
certificate prior to commencing operations and must show proof of
the registration renewal every two years.
(2) At such time that a family day-care home wishes to expand its operation to the level of a group day-care home, the operator of the facility shall notify the Township, in writing, at least 45 days prior to the expansion of the use and provide proof that all requirements for licensure by the DPW have been met. The operator must also satisfactorily demonstrate that the facility meets these standards for group day-care homes established in §
209-84.
(3) Group day-care homes and day-care centers must provide proof of an
approved and currently valid DPW license prior to commencing operations
and must provide proof of annual license renewal.
D. Inspection. The operator of a family day-care home, group day-care
home or day-care center will allow appropriate representatives of
the Township to enter the property at reasonable times to inspect
such use for compliance with the requirements of this section and
all other applicable Township and state ordinances.
E. General safety. No portion of a child day-care facility shall be
located within a three-hundred-foot distance from any potentially
hazardous land use or activity which could pose a threat to the safety
and welfare of the children, staff and other occupants at the facility.
Hazardous land uses or activities include, but shall not be limited
to, adult commercial uses, gasoline service stations, heavy industrial
operations, storage of flammable materials or substances, or high-pressure
underground pipelines carrying combustible or flammable substances,
truck or rail loading areas.
F. Outdoor play area. An outdoor play area, as required by DPW regulations,
shall be provided for any proposed child day-care facility.
(1) On-site outdoor play area. An on-site outdoor play area or areas
of high outdoor activity shall be located in yard areas which provide
adequate separation, safety and protection from adjoining uses, properties
and roadways. Adequate separation, safety and protection at a minimum
includes a fence around the outdoor play area. Whenever possible,
the on-site outdoor play area shall not be located in the front yard.
The outdoor play area should be located immediately adjacent to the
child-care facility.
(2) Off-site outdoor play area. In accordance with approvals required
under DPW standards, a child day-care facility may utilize off-site
play areas in lieu of or as a supplement to an on-site play area.
G. Altering exterior of residential structures. The scale, bulk, height
and roof pitch of any addition and the building materials used shall
be compatible with the existing structure. Any improvements to the
structure shall be in compliance with all other applicable Township
regulations relating to building and/or zoning permits.
H. Choice of access streets. When streets of different classifications
are involved, the driveway shall provide access to the street of lesser
functional classification.
I. On-lot sewage disposal. For properties utilizing an on-lot sewage
disposal system, the applicant shall demonstrate that the system has
been inspected and a permit issued by the Bucks County Health Department.
J. Minimum lot area. The minimum lot area for any proposed child day-care
facility shall comply with the minimum lot area requirements of the
zoning district in which the proposed facility is located.
K. License and inspection requirements. All day-care homes, regardless
of type, shall meet all federal, state and local requirements, including
license and inspection requirements, as well as Township requirements.
L. All day-care facilities must comply with all provisions of the Uniform
Construction Code and Building Code.
Any proposed family day-care home shall comply with the following standards in addition to the general provisions for all types of child day-care facilities in §
209-82.
A. Where allowed.
(1) Family day-care homes may be located by right in the following zoning
districts, subject to the standards of the zoning district in which
the unit is located and the following development standards in this
section, whichever are more restrictive: LR, LMR, MR, MHR, NCR, HR,
HR-TH, MHC, Riverfront.
(2) Conditional use. Family day-care homes are conditional uses in the zoning districts listed in Subsection
A(1) above when the day-care facility is located in an apartment dwelling unit of a multiple-family dwelling, subject to the standards of the zoning district in which the unit is located and both the development standards and the conditional use standards in this section, whichever are more restrictive.
B. Development standards. The following standards shall apply to all
proposed family day-care homes:
(1) Drop-off area. One on-site drop-off space for clients shall be provided.
If a driveway is used for the drop-off area and the proposed use fronts
an arterial or major collector street, an on-site turnaround area
shall be provided so that vehicles can exit the site driving forward.
(a)
In cases where the drop-off area cannot be accompanied on the
site, the applicant shall demonstrate that there is on-street parking.
C. Conditional use standards. The following conditional use standards shall apply only to family day-care homes which are permitted in §
209-83A(2) of this chapter as conditional uses:
(1) The applicant shall demonstrate that the children in the family day-care
home can safely, quickly and easily vacate the premises in case of
emergency.
(2) The hours of operation shall be limited to the hours between 6:30
a.m. and 8:00 p.m.
(3) The applicant shall demonstrate that the current lease or homeowners'
covenant for the apartment contains no clause which prohibits the
proposed use.
(4) The applicant shall provide the name and address of adjacent apartment
dwellers to allow the Township to notify such individuals of the proposed
use. Adjacent apartments shall be considered all apartments located
within 20 feet from any wall, floor or ceiling of the proposed use.
Any proposed group day-care home shall comply with the following standards, in addition to the general provisions for all types of child day-care facilities in §
209-82:
A. Where allowed. Group day-care homes may be located as a conditional
use in the following zoning districts, subject to the standards of
the zoning district in which the unit is located and the following
additional conditional use standards in this section, whichever are
more restrictive: LR, MHR, LMR, MR, NCR, HR, HR-TH, MHC, Riverfront.
B. Conditional use standards. The Board of Supervisors shall consider
the following when reviewing a conditional use application for a proposed
group day-care home and may impose any other conditions necessary
to mitigate any potential adverse impact on users of the site and/or
the surrounding area.
(1) On-site parking. There shall be one additional on-site parking space
provided for a nonresident employee above that required for the residential
use. The parking space shall conform to the Township dimensional standards
for residential parking spaces.
(2) Drop-off area. A drop-off area shall be provided with sufficient
area to allow the temporary parking of two vehicles. If a driveway
is used for the drop-off area and the proposed use fronts an arterial
or major collector street, an on-site turnaround area shall be provided
so that vehicles can exit the site driving forward. The drop-off area
shall conform to the Township dimensional standards for residential
parking spaces.
(3) Fencing of outdoor play area. A minimum four-foot-high fence shall be erected along the perimeter of the outdoor play area. When applicable, the fence shall be located along property lines. All fences must comply with the requirements of §
209-37.
(4) Signs. All signs shall conform to the sign requirements of the zoning
district in which the day-care homes are located.
(5) Group day-care homes in attached structures. Group day-care homes located in attached structures (i.e., twin, duplex, or townhouse) shall additionally comply with the conditional use standards for family day-care homes in an apartment dwelling unit of a multiple-family structure in §
209-83C of this chapter.
(6) Group day-care homes in detached structures. Group day-care homes located in detached structures shall additionally comply with the conditional use standards for family day-care homes in an apartment dwelling unit or a multiple-family structure in §
209-83C(1) and
(2) of this chapter (relating to vacation of premises and hours of operation).
Any proposed day-care center shall comply with the following standards, in addition to the general provisions for all types of child day-care facilities in §
209-82:
A. Where allowed.
(1) Permitted by right. Child day-care centers are permitted by right
in the following zoning districts, subject to the regulations of the
zoning district in which the proposed use is located and the development
standards in this section, whichever are more restrictive: IN, NC,
HC, SC, CR, LI, PIP.
(2) Conditional use. Day-care centers are permitted as conditional uses
in the OIP and Riverfront Districts subject to the standards of the
zoning district in which the center is located and both the development
standards and the conditional use standards in this section, whichever
are more restrictive.
B. Development standards. The following standards shall apply to all
proposed day-care centers:
(1) On-site parking for employees and clients. A minimum of one on-site
parking space shall be provided for each 300 square feet of gross
floor area of the building.
(2) Drop-off area.
(a)
Number of drop-off spaces. The facility shall have a minimum
of one drop-off space for every five children attending the day-care
center.
(b)
Drop-off area location and design. Whenever possible, the drop-off
area shall be located immediately adjacent to the facility. The drop-off
area should be designed in such a way that pedestrians do not cross
vehicular traffic lanes in any parking area or driveway. The drop-off
area may be designed either as a part of the on-site parking area
or the required drop-off spaces may be designed as part of the driveway
providing direct access to the day-care facility. When the drop-off
area is incorporated into the on-site parking area, the parking spaces
nearest to the facility shall be designated as drop-off spaces. When
the drop-off area is incorporated into a driveway, the drop-off area
shall be at least 12 feet in width in addition to the width of the
driveway, exclusive of the driveway through traffic lane(s).
(3) Landscaping. Landscaping shall be provided in order to create a vegetative
buffer from adjacent uses as well as to create an aesthetically pleasing
environment.
(a)
Buffer standards for lots on which a proposed day-care center
is located.
[1]
Vegetative buffers. The following standards shall apply to buffers:
[a] Buffers shall contain combinations of evergreen
and deciduous vegetation. The planted buffer shall be a minimum of
20 feet in width and six feet in height at the time of installation.
Earthen berms may be provided in combination with vegetative material.
Earthen berms shall not exceed four feet in height nor exceed a maximum
slope of three to one.
[b] Continued maintenance of vegetative buffers shall
be the responsibility of the owner of the property.
(b)
Landscaping in outdoor activity areas. Existing or proposed
planting material shall be suitable in and around areas used by children.
No thorny, poisonous or other hazardous plants shall be allowed in
areas used by children.
(4) Fencing of outdoor play area. A minimum four-foot-high fence shall be erected along the perimeter of the outside play area. When applicable, the fence may be located along property lines. All fences must comply with the requirements of §
209-37.
(5) Play equipment setback. Play equipment in designated on-site play
areas shall be located at least 20 feet from an abutting property
line.
(6) Signs. All signs shall conform to the sign requirements of the zoning
district in which the centers are located.
(7) Lighting. Specific areas for lighting are entranceways, pedestrian
access to the outdoor play areas, sidewalks used in non-daylight hours,
drop-off areas, merchandise delivery areas and all parking lots.
(8) Entrance/exit accessibility. When located in a multiuse building
complex, day-care center entrances/exits shall provide direct access
to the child-care center so that walking through other significant
portions of the building is avoided.
C. Conditional use standards. The Board of Supervisors shall consider
the following when reviewing a conditional use application for a proposed
day-care center and may impose any other reasonable conditions necessary
to mitigate any potential adverse impact on users on the site and/or
the surrounding area.
(1) Day-care centers in residential zoning districts.
(a)
The proposed day-care center shall not be detrimental to the
use, development, peaceful enjoyment and economic value of the surrounding
properties or the neighborhood.
(b)
The proposed day-care center shall be compatible with the existing
character of the neighborhood with consideration to population density,
scale, bulk, design and external appearance of new structures; intensity
and character of activity; and traffic and parking.
(2) Day-care centers in industrial zoning districts.
(a)
Safety. There shall be no land use or activity within the vicinity
of the proposed day-care center which would pose a threat to the health,
safety and welfare of the users of the facility. Specifically, there
shall be no objectionable or unsafe levels of noise, vibration, fumes,
odors, dust, glare, heat, toxic gases, electric or electronic interference,
liquid wastes or sewage, vehicular loading and unloading activities
and any other physical activity on sites within the vicinity of the
proposed day-care center.