PRINTER'S NO. 1444
No. 1172 Session of 1989
INTRODUCED BY GREENWOOD, JONES, ROCKS, BRIGHTBILL, REIBMAN,
SHAFFER, LYNCH, MADIGAN AND AFFLERBACH, JULY 7, 1989
REFERRED TO LOCAL GOVERNMENT, JULY 7, 1989
AN ACT
1 Amending the act of July 31, 1968 (P.L.805, No.247), entitled,
2 as reenacted and amended, "An act to empower cities of the
3 second class A, and third class, boroughs, incorporated
4 towns, townships of the first and second classes including
5 those within a county of the second class and counties of the
6 second class A through eighth classes, individually or
7 jointly, to plan their development and to govern the same by
8 zoning, subdivision and land development ordinances, planned
9 residential development and other ordinances, by official
10 maps, by the reservation of certain land for future public
11 purpose and by the acquisition of such land; to promote the
12 conservation of energy through the use of planning practices
13 and to promote the effective utilization of renewable energy
14 sources; providing for the establishment of planning
15 commissions, planning departments, planning committees and
16 zoning hearing boards, authorizing them to charge fees, make
17 inspections and hold public hearings; providing for
18 mediation; providing for transferable development rights;
19 providing for appropriations, appeals to courts and penalties
20 for violations; and repealing acts and parts of acts,"
21 regulating zoning ordinances in relation to family day-care
22 homes.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 107(a) of the act of July 31, 1968
26 (P.L.805, No.247), known as the Pennsylvania Municipalities
27 Planning Code, reenacted and amended December 21, 1988
1 (P.L.1329, No.170), is amended by adding a definition to read:
2 Section 107. Definitions.--(a) The following words and
3 phrases when used in this act shall have the meanings given to
4 them in this subsection unless the context clearly indicates
5 otherwise:
6 * * *
7 "Family day-care home," any premises other than the child's
8 own home, operated for- or not-for-profit, in which child day
9 care is provided at any one time to four, five or six children,
10 who are not the relatives of the caregiver and where the child-
11 care areas are being used as a family residence.
12 * * *
13 Section 2. Section 603 of the act is amended by adding a
14 subsection to read:
15 Section 603. Ordinance Provisions.--* * *
16 (f) Zoning ordinances may not unduly restrict or prohibit
17 the operation of any family day-care home.
18 Section 3. This act shall take effect in 60 days.
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