Falls Township City Zoning Code
ARTICLE IX
Child Day Care
§ 209-81 Purpose.
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).
§ 209-82 General requirements and specifications.
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.
§ 209-83 Family day-care home.
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.
§ 209-84 Group day-care home.
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).
§ 209-85 Day-care center.
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.