Franconia Township City Zoning Code
ARTICLE XXXI
Child Day-Care Facilities
§ 145-220 Declaration of legislative intent.
A.
To encourage the establishment of a sufficient number and a variety of child day-care arrangements in safe and convenient locations throughout the municipality 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.
B.
To permit family and group day-care homes to be located in residential surroundings so as to offer children a home environment conducive to healthy and safe development, while adhering to standards designed to preserve the residential character of neighborhoods in which such child day-care home may be situated.
§ 145-221 General provisions.
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 Chapter II, Section 8A, 8B and 8 of Department of Public Welfare Social Services Manual Regulations, as may from time to time be amended, supplemented or changed, or of any future regulations or laws of state or federal government controlling day-care service for children. Day-care service for children shall include out-of-home child day-care service for part of a twenty-four-hour day for children under 16 years of age by caregivers, excluding care provided by relatives. Day-care services 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 Department of Public Welfare registration certificate. Group day-care homes and day-care centers, as defined in this chapter, must hold an approved and currently valid Department of Public Welfare license. In addition, all child day-care facilities shall comply with all current Department of Public Welfare regulations, including those standards governing adequate indoor space, accessible outdoor play space and any applicable state or local building and fire safety codes.
C.
Municipal notification. Each operator of a newly established child day-care facility shall notify the Zoning Officer, in writing, 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. Already existing licensed or registered facilities shall be required to notify the Zoning Officer of its operation, in writing, at least 60 days after the enactment of this article. In addition, the operator of any facility must certify compliance with all aspects of this article and all other applicable Township requirements.
(1)
Family day-care homes must provide proof of an approved Department of Public Welfare registration certificate at the time of initial notification to the Township and must show proof of the registration renewal very two years. 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 apply for conditional use approval by the Board of Supervisors prior to the expansion of the use and provide proof that all requirements for licensure by Department of Public Welfare have been met. The operator must also satisfactorily demonstrate that the facility meets the standards for group day-care homes established in § 145-223.
(2)
Group day-care homes and day-care centers must provide proof of an approved and currently valid Department of Public Welfare license at the time of initial notification to the Township 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 article and all other applicable Township and state ordinances.
E.
General safety. No portion of a child-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 gasoline service stations, heavy industrial operations, storage of flammable or high-pressure underground pipelines, truck or rail loading areas, etc.
F.
Hours of outside play. Outside play shall be limited to the hours between 8:00 a.m. and sunset, as defined by the National Weather Service.
G.
Outdoor play area. An outdoor play area, as required by the Department of Public Welfare regulations, shall be provided for any proposed child day-care facility.
(1)
On-site outdoor play area. An on-site outdoor structured play area or areas of high outdoor activity shall be located in fenced yard areas which provided adequate separation, safety and protection from adjoining uses, properties and roadways. 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.
H.
Altering exterior of residential structures. Any addition or improvements to an existing residential structure or property for purposes of child day-care shall preserve its residential character. The scale, bulk, height and roof pitch of any addition and the building materials used shall be in compliance with all other applicable Township regulations relating to building and/or zoning permits.
I.
Traffic impact study. Any proposed child day-care facility which will generate 50 or more new trips during the morning or evening peak hour shall be required to conduct a traffic impact study. The traffic impact study shall be prepared in compliance with § 145-208 of this chapter, except that existing twenty-four-hour and peak-hour traffic volume data shall be taken for the facility's access streets, not Route 113.
(1)
Objective. The purpose of the traffic impact study is to provide the local planning commission and governing body with adequate information and data to properly assess:
(a)
The impact of the proposed facility on the surrounding road and street network as well as on streets and roads providing immediate access to the proposed development.
(b)
The need for capital improvements to the existing transportation network which will be needed to accommodate the additional traffic generated by the proposed facility.
(c)
Traffic and/or pedestrian safety issues which may arise from the proposed facility.
J.
On-lot sewage disposal. For properties utilizing an on-lot sewage disposal system, the applicant shall demonstrate that the system is properly sized to accommodate sewage flows from the registered or licensed capacity of the child day-care facility.
K.
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, except that group day-care homes shall require a minimum lot size of five acres.
§ 145-222 Family day-care homes.
A.
Where allowed.
[Amended 10-13-1997 by Ord. No. 256]
(1)
Permitted by right. Family day-care homes may be located by right in any single-family detached dwelling (excluding mobile homes), subject to the standards of the zoning district in which the dwelling is located and the following development standards in this section, whichever are more restrictive.
B.
Development standards. The following standards shall apply to all proposed family day-care homes.
(1)
Dropoff area. One on-site dropoff space for clients shall be provided. An existing driveway or common parking lot space may be used as the dropoff area if it be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate a parked vehicle. If a driveway is used for the dropoff 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. In cases where the existing driveway cannot function as a dropoff area, an on-site dropoff space shall be provided. The dropoff area shall conform to the municipal dimensional standards for residential parking spaces.
(2)
Fencing. If there are unsafe areas, such as open drainage ditches, wells, holes, heavy street traffic, etc., in or near to an outdoor play area, there shall be fencing to restrict children from these areas. Natural or physical barriers, such as hedgerows, walls or dense vegetation, may be used in place of fencing so long as such barrier functionally restricts children from unsafe areas.
§ 145-223 Group day-care homes.
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 § 145-221.
A.
Where allowed. Group day-care homes may be located as a conditional use in single-family detached dwellings (excluding mobile homes) in the residential, commercial or institutional zoning district, 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.
[Amended 10-13-1997 by Ord. No. 256]
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. The Board of Supervisors may impose any other conditions necessary to mitigate any potential adverse impact on users of the site and/or the surrounding area.
(1)
Minimum lot size. A minimum lot size of five acres is required.
(2)
On-site parking. There shall be one additional on-site parking space provided for each nonresident employee or volunteer above that required for the residential use. The parking space shall conform to the municipal dimensional standards for residential parking spaces.
(3)
Dropoff area. A dropoff area shall be provided with sufficient area to allow the temporary parking of two vehicles. An existing driveway may be used for the dropoff area if it can be demonstrated that there is sufficient space available in the driveway that is not otherwise occupied or committed to safely accommodate two parked vehicles. If a driveway is used for the dropoff 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. In cases where the existing driveway cannot function as a dropoff area, two new on-site dropoff spaces shall be provided. The dropoff area shall conform to the dimensional standards for residential parking spaces.
(4)
Fencing of outdoor play area. In order to physically contain the activity of children in the outdoor play area, a four-foot-high fence shall be erected along the perimeter of the outdoor play area. Fencing must be constructed in compliance with the Township's fence ordinance. Fencing may be substituted by natural barriers, such as hedge rows, walls, dense vegetation, etc., if it can be demonstrated that such barriers can effectively contain the activity of the children.
§ 145-224 Day-care centers.
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 § 145-221.
A.
Where allowed. Child day-care centers are permitted by right in the C Commercial, and by right as an accessory use to the primary use of the property in the LI Limited Industrial, 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.
[Amended 8-17-2009 by Ord. No. 363]
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 full-time employee or volunteer, plus one space for every 10 children that the center is licensed to accommodate.
(2)
Dropoff area.
(a)
Number of dropoff spaces. A minimum of three dropoff spaces shall be provided for each 20 children that the facility is licensed to accommodate.
(b)
Dropoff area location and design. Whenever possible, the dropoff area shall be located immediately adjacent to the facility. The dropoff area should be designed in such a way that pedestrians do not cross vehicular traffic lanes in any parking area or driveway. The dropoff area may be designed either as a part of the on-site parking area, or the required dropoff spaces may be designed as a part of the driveway providing direct access to the day-care facility. When the dropoff area is incorporated into the on-site parking area, the parking spaces nearest to the facility shall be designated as dropoff spaces. When the dropoff area is incorporated into a driveway, the dropoff spaces shall be located within a vehicle turnout area 12 feet in width, 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)
Property line buffers shall be planted according to the standards of § 122-71 of the Subdivision and Land Development Ordinance (Chapter 122). The quantity and type of plant material shall be determined by Table 1,[1] treating day-care centers as Commercial uses.
[1]
Continued maintenance of vegetative buffers shall be the responsibility of the operator of the facility.
[1]
Editor's Note: See § 122-71C(5)(a).
(b)
Opaque fences or walls used to meet the following requirement for fencing of outdoor play areas may be used in place of part of the required vegetative buffer material.
(c)
Landscaping in outdoor activity areas. Existing or proposed planting materials 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. In order to physically contain the activity of children in the outdoor play area, a minimum four-foot-high fence shall be elected along the perimeter of the outdoor play area. When applicable, the fence may be located along property lines. Natural barriers, such as hedgerows, walls, dense vegetation, etc., may be substituted for fencing if it can be demonstrated that such barriers can effectively contain the activity of the children.
(5)
Play equipment setback. Play equipment in designated on-site play areas shall be located at least 10 feet from an abutting property line.
(6)
Signs. Day-care center signs shall comply with standards governing signs for the zoning district in which the proposed use is located.
(7)
Lighting. All pedestrian pathways shall be adequately lit for safety and security if utilized during nondaylight hours. Specific areas for lighting are entranceways, pedestrian access to the outdoor play areas, sidewalks used in nondaylight hours, dropoff areas, merchandise delivery areas and all parking lots.
(8)
Entrance/exit accessibility. When located in a multi-use 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.