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Oyster Bay, NY Building Safety: Childcare Center Rules (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Play area fencing
Required on all sides
Play area location limit
Not within required yard setbacks
Drop-off queuing space
1 vehicle per 12 children capacity
Parking space width (walk-in)
Minimum 10 feet wide
Parking time limit
Maximum 10 minutes
Last amended
April 25, 2006 (L.L. No. 5-2006)

Summary

Beyond state licensing, Oyster Bay's zoning code imposes site-safety standards on day care, play care and nursery school facilities: fenced and screened outdoor play areas kept out of required yard setbacks, plus a mandatory drop-off and pick-up plan with dedicated queuing and parking.

5.5.11.3 Required outdoor play areas for children shall be fenced on all sides, and landscaping or other screening shall be provided to the satisfaction of the Department of Planning and Development. Play areas shall not be located within any required yard setbacks. 5.5.11.4 A drop-off/pick-up plan shall be provided for each such facility. If the driver is to remain in the vehicle when picking up or dropping off the attendee, a separate drop-off/pick-up area shall be provided directly in front of the main entrance to the facility. Such area shall provide sufficient queuing space for at least one vehicle for each 12 persons capacity, or portion thereof, expected to attend the facility during the peak period of attendance...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

3 requires that any outdoor play area serving a day care, play care or nursery school facility be fenced on all sides, with landscaping or other screening satisfactory to the Department of Planning and Development, and prohibits locating play areas inside any required yard setback. 4 separately requires every such facility to submit a drop-off/pick-up plan as part of its site approval. If a driver stays in the vehicle during pick-up or drop-off, the plan must provide a dedicated drop-off/pick-up area directly in front of the main entrance, sized to queue at least one vehicle for every 12 children in capacity (or portion thereof) expected during peak attendance.

If drivers instead park and walk children in, the plan must designate specific spaces at least 10 feet wide, located near the main entrance, signed, and limited to a maximum of 10 minutes of use, again at a ratio of at least one space per 12 children in capacity during peak attendance. The Department of Planning and Development can require additional queuing or parking beyond these minimums where needed for safe circulation. These facility standards were last amended April 25, 2006 by Local Law No. 1.

Violations & Fines

Failing to fence and screen an outdoor play area, locating play space inside a required setback, or operating without an approved drop-off/pick-up plan under § 246-5.5.11.3-.4 is a zoning violation under § 246-14.7.1, punishable by a fine up to $350 (first offense), $350-$700 (second offense within five years) or $700-$1,000 (third offense within five years), plus possible imprisonment up to six months.

Frequently Asked Questions

Does Oyster Bay require fencing around a day care's outdoor play area?
Yes. Town Code § 246-5.5.11.3 requires outdoor play areas at day care, play care or nursery school facilities to be fenced on all sides, with landscaping or screening satisfactory to the Department of Planning and Development, and bars locating play areas within required yard setbacks.
What drop-off plan does a day care facility need in Oyster Bay?
Under § 246-5.5.11.4, every facility must submit a drop-off/pick-up plan providing queuing space for at least one vehicle per 12 children in capacity during peak attendance, or designated 10-foot-wide parking spaces limited to 10 minutes if drivers exit the vehicle.
Who enforces day care facility site standards in Oyster Bay?
The Department of Planning and Development enforces these zoning standards under § 246-14.1.2 and can require additional queuing or parking beyond the code minimums to ensure safe pick-up and drop-off circulation.

Sources & Official References

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