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2. The minimum required lot area for the proposed use shall be one acre. Other lot and principle building bulk requirements for the respective zoning district of the proposed use shall prevail. The site is 1.92 acres. The Applicant complies with this condition.
3. Accessory buildings shall be located no closer than 20 feet to the rear or side property lines. No accessory building shall be permitted within the required front yard setback or the front building line of the principal building, whichever is greater. There are no accessory buildings proposed. The Applicant complies with this condition.
4. All interior facilities and areas to be used by the children shall be located on the principal entrance floor and any other level which is not more than 1/2 story above or below the finished grade at the location from which pedestrian access is provided to the building. The architectural plans depict a 2-story building with the finished grade for the pedestrian access midway between the first-floor elevation and the second-floor elevation. Testimony shall be provided. Should it be determined that this condition is not met, then the Applicant may be required to appear before the Zoning Board of Adjustment for 'd-3' variance relief.
5. A minimum of 100 square feet per rated building capacity of outdoor space devoted to recreational use shall be provided and shall be entirely fenced or otherwise protected from hazards, traffic and driveways. The Applicant is proposing a maximum of 270 children (newborn to 6 yrs old) and 40 staff members. If this calculation is only based on children, then 27,000 sf of outdoor space is required. The Applicant is depicting 27,203 sf of outdoor play area. Testimony shall be provided to discuss the area provided to determine if the intent of the condition has been met.
6. Basement areas shall not be utilized for child care, classrooms or recreational purposes. There is no basement shown on the architectural plan. It appears that the Applicant complies with this condition. Testimony shall be provided to confirm that no basement is proposed.
7. All loading and unloading of children shall take place on site and not in the right-of-way of a public street. The statement of operations indicates that “To administer pick-up and drop-off, parents will park in the parking spots at the front of the building and enter the day-care to either pick-up or drop-off their children”. The Applicant complies with this condition.
8. No temporary or permanent residential dwelling facilities shall be provided in a child-care center, nursery school or day-care center. There are no temporary or permanent residential dwelling facilities shown on the architectural plans. It appears that the Applicant complies with this condition. Testimony shall be provided to confirm that no temporary or permanent residential dwelling facilities will be provided.
9. The use shall be licensed by the Division of Youth and Family Services, New Jersey Department of Human Services. The Applicant indicates that they will comply. Testimony shall be provided.

C. Area & Bulk Standards:

HC - Highway Commercial - §244-57D

1512P635 P & F Major Site Plan & Conditional Use Review #2.docx