The relinquishment of a use without the manifest intention to resume it.[1]

A self-contained dwelling unit that results from either the conversion of an existing building to a dwelling unit, the creation of a separate unit within part of an existing single-family dwelling unit, or the construction of a new unit. The unit shall be complete with food preparation and bathroom facilities, shall have direct access to the outdoors and shall be accessory to the existing dwelling on the property. An accessory dwelling unit shall be limited to lots in the FR District, as opposed to an accessory farm dwelling unit which is permitted in the AP District.

A self-contained dwelling unit that results from either the conversion of an existing building to a dwelling unit, the creation of a separate unit within part of an existing single-family dwelling unit, or the construction of a new unit. The unit shall be complete with food preparation and bathroom facilities, shall have direct access to the outdoors and shall be accessory to the existing dwelling on the property. All individuals living in the accessory dwelling unit must be persons employed on the property or related by blood, marriage or legal adoption to the owner of the property or such employed persons. An accessory farm dwelling unit shall be limited to lots in the AP Agricultural Preservation District, as opposed to an accessory dwelling unit, which is permitted in the FR District.

A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

The development of a new use for a building originally designed or used for another purpose.

See "tract area, adjusted."

An establishment primarily engaged in management and general administrative functions, such as executive, personnel, finance, and sales activities.[2]

An enterprise that is actively engaged in the commercial production and preparation for market of crops, livestock and livestock products and in the production, harvesting and preparation for market or use of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes an enterprise that implements changes in production practices and procedures or types of crops, livestock, livestock products or commodities produced consistent with practices and procedures that are normally engaged by farmers or are consistent with technological development within the agricultural industry.

An establishment primarily engaged in the following activities: soil preparation services, crop services, landscaping, horticultural services, large-animal veterinary or other animal services, farm labor and management services, feed, seed and fertilizer stores, sale and repair of farm machinery and farm vehicles, stables, aquaculture, or apiaries.

An area for landing and take-off of aircraft (including ultra-lights and balloons, but not including helicopters) which is restricted solely for noncommercial use, is not conducted for financial return, and at which commercial flight operations are not conducted.

A minor right-of-way providing secondary vehicular access to the side or rear of two or more properties.

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams or girders, as well as any change in exterior doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or moving of a building or structure from one location to another.

A place where animals or pets are given medical or surgical treatment and where the boarding of animals is limited to short-term care incidental to the hospital use.[3]

A parabolic earth-based reflector, together with its pedestal and any other attachments and parts thereof, commonly referred to as a "dish antenna," used or intended to receive microwaves, radio waves, or electromagnetic waves from an overhead satellite.

A device, either freestanding or attached to a building, used for receiving frequency signals, including television and radio antennae and which is not used for commercial purposes. Such devices shall also include ham and citizen band radio antennas used by amateur radio operators.

A landowner or developer, as herein defined, who has filed an application for subdivision, land development or other development, including his heirs, successors and assigns or the equitable owner of property with the owner's permission.

Every application, whether preliminary or final, required to be filed and approved prior to the start of construction or development, including, but not limited to, an application for a building permit, for the approval of a subdivision plat or plan, or for the approval of a development plan.

The controlled cultivation of aquatic plant and animal species.

The portion of a total tract that results after all existing and proposed road and utility rights-of-way are deducted.

Any area of the building having floor its below ground level on all sides.

A building occupied by a resident innkeeper containing eight or fewer guest rooms for the temporary lodging of guests for compensation and providing to the guests such lodging services as housekeeper service and accessory eating and drinking facilities limited to the serving of breakfast.

A sign that directs attention to a business, commodity, service or entertainment not conducted, sold or offered upon the premises where the sign is located.

A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

The Board of Supervisors of Newlin Township.

An area that provides year-round visual isolation and/or sound attenuation between uses, through such means as vegetative plantings, earthen berms, depressions, fences, walls, etc.

Any permanent structure having enclosed walls and roof, including manufactured homes and trailers used for human habitation.

The ratio of the total ground floor area of all buildings on a lot to the total area of the lot on which they are located.

The vertical measurement of a building from the mean level of finished grade surrounding the building, to the highest point of the roof, excluding the chimney and/or mechanical equipment above the roof.

A line which designates the minimum distance between any building or structure and the adjacent street right-of-way or property line, as measured horizontally and at a right angle from any point formed by the intersection of a vertical building wall with the ground, to the street right-of-way or property line, whichever is closer. This line shall include patios and covered porches, but not open steps.

A structure that is subordinate to the principal building on a lot and used for purposes customarily incidental to those of the principal building.

A building in which is conducted, designed to be conducted or intended to be conducted the primary use of the lot on which it is located.

Standards that control the height, density, intensity and location of structures, i.e., setbacks or yard requirements.

An office where a particular kind of business is transacted or a service is supplied and shall be limited to offices for management, consulting, record keeping, and clerical work of a commercial, industrial, mercantile, or service enterprise.

The diameter of a tree trunk measured at a point six inches above ground level if the resultant measurement is not more than four inches. If more than four inches, the measurement shall be made at a point 12 inches above ground level.

The paved portion of a street or right-of-way intended for vehicular use.

A tract or parcel of land that contains the commercial communication antenna, its support structure, accessory buildings, and parking, and may include other uses associated with and ancillary to commercial communication transmission.

Land used or intended for the burial of the dead, including mausoleums and mortuaries when operated in conjunction with the cemetery and within its boundaries.

The felling of all trees on a tract of land or any portion thereof at one time.

An area of unobstructed vision at a street intersection defined by lines of sight between points at a given distance from the intersection down the center lines of the street.

A building utilized as a private club or social organization offering restaurant or bar privileges for members.

A use of land, or improvements thereto, for the purpose of engaging in retail, wholesale or service activities for profit.

Any of the following activities involving horses or other equines offered to the public and done in exchange for money and/or services:

Commercial uses, located in Embreeville and Mortonville Villages, intended primarily for the use of local residents. Neighborhood commercial uses include retail businesses for the sale of food, drugs, flowers, household goods, newspapers, stationary, art supplies, fine art sales, and tobacco; and personal service uses, including barbershops or beauty shops, tailor shop, photographic studios, shoe repair, and similar types of businesses, but shall not include convenience stores as defined elsewhere in this chapter.

A sewage disposal facility designed to serve a specific number of users in a particular development and which is permitted by the Pennsylvania Department of Environmental Protection and the Chester County Health Department, but which shall not include experimental permitting, and which is owned and operated by a private entity, which may include a PUC chartered entity limited to serve the particular development.

A potable water supply facility designed to serve a specific number of users in a particular development and which is permitted by the Pennsylvania Department of Environmental Protection and the Chester County Health Department, and which is owned and operated by a private entity, which may include a PUC chartered entity limited to serve the particular development.

A space that will remain totally dry during flooding, which is designed to prevent the passage of water and water vapor.

The Township Comprehensive Plan of 1996, as it may be amended.

An agricultural operation that meets the criteria established by the United States Department of Environmental Protection under the authority of the Act of June 22, 1937 (P.L. 1987, No. 394), known as "The Clean Streams Law," as amended from time to time.

An agricultural operation that meets the criteria established under the authority of the act of July 6, 2005 (P.L. 112, No. 387), known as the Nutrient Management Act,[5] as amended from time to time.

An undeveloped, privately owned lot comprising part of an area of open land.

Natural features of the highest importance, including the one-hundred-year floodplains, wetlands and slopes over 20%.

Natural and cultural resources that are identified by an applicant for land development in consultation with the Newlin Township Planning Commission according to the procedures identified in Chapter 185, Subdivision and Land Development, and which do not include primary conservation areas.

Areas within a development site that are identified as containing significant environmental features and on which development is prohibited.

The sum of land features, each of which is multiplied by a density factor set forth in this chapter.

The erection, rebuilding, renovation, repair, extension, expansion, alteration, demolition, or relocation of a building or structure, including the placement of mobile homes.

A retail activity designed to serve a local market which involves, but is not limited to, any of the following uses: delicatessen, food market, sales of automotive fuel, or video tape rental.

An alteration of an existing building, structure or land to a new use which imposes other special provisions of a law governing building construction, equipment, exits or zoning regulations.

The subdivision of a single-family detached dwelling into two or more dwelling units.

A single-access street intersecting another street at one end and terminated at the other by a vehicular turnaround, built to Newlin Township public street standards for vehicular traffic flow.

"Day care" shall include the following:

The total land area divided by the total number of dwellings to be housed thereon, expressed in dwelling units (DU) per acre.

The number of dwelling units per acre, including yards, off-street parking and driveway facilities directly serving those dwellings, but excluding common open spaces, permitted commercial uses, public streets, and other public grounds and rights-of-way.

The Department of Health of the Commonwealth of Pennsylvania or of Chester County, or their representative having jurisdiction in Newlin Township.

Any landowner, agent of such landowner, tenant with permission of such landowner, or equitable owner, who makes or causes to be made an application for a subdivision or land development. Also "applicant."

Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion or alteration of buildings or other structures; the placement of manufactured homes; streets and other paving; utilities; filling, grading, and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

The provisions for development, including a planned residential development, a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, streets, ways and parking facilities, common open space and public facilities.

The diameter of a tree trunk measured at grade.

The cessation of the use of property evident from the continuous lack of maintenance or occupancy.

The movement of water from an area by stream or sheet flow, and removal of excess water from soil by downward flow.

Any building or other structure designed for, and occupied exclusively for, residential purposes, including an apartment and mobile home, but excluding rental units in a motel, rooming house, tourist home, institutional home, dormitory, and the like. It is the intention to include within the definition of dwelling, all recognized housing types, architectural types or styles, or combinations thereof, whether such housing units are for lease or for sale. Dwelling types include, but are not limited to, the following:

A single living space for one family, excluding individual rental units in a motel, rooming house, tourist home, institutional home, dormitory, and the like.

An interest in land owned by another that entitles the holder of the easement to a specific use or enjoyment of the land.

A voluntarily derived set of use restrictions placed on a parcel of land in perpetuity, through which no positive or appurtenant rights are conveyed to the grantee.

A place of business open to the public that dispenses prepared food and nonalcoholic drink.

Use of land or a building(s) for the establishment and maintenance of a public or private college, secondary or elementary school, or other educational institution for the primary purpose of instruction and learning.

The date upon which this chapter officially comes into effect, except that with respect to the subject matter of any amendment, said date shall mean the date upon which the particular amendment became or becomes effective.

Buildings or structures and equipment erected and used for the purposes of transmission, switching or transforming of electrical current between customers and the utility company facilities, not including the storage of materials, trucks, repair facilities or housing of repair crews.

A professional engineer, licensed by the Commonwealth of Pennsylvania, and duly appointed as the engineer for the Township of Newlin, Chester County.

Those areas of land the disturbance of which would contribute significantly to the degradation of environmental conditions or amenities. Environmentally sensitive areas include, but are not limited to, the natural resources identified in § 240-15B (Table 2) of this chapter.

An event open to the general public that includes equestrian-related activities, such as, but not limited to, guided horseback tours, judged or timed competitions or races, polo games, tournaments and other similar equestrian activities involving invitation or advertisement for participants and spectators from the general public. Such term does not include private gatherings involving equestrian-related activities, including, but not limited to, pony clubs, fox hunts, or other similar equestrian activities not open to the general public.

The process by which soils, vegetation and man-made materials on the earth's surface are worn away by action of water, wind, frost or a combination of such by natural forces.

A space which will remain dry during flooding, except for the passage of some water vapor or minor seepage, and which is designed to be substantially impermeable to the passage of water.

One or more persons living together in a single dwelling unit as a traditional family or the functional equivalent of a traditional family. It shall be a rebuttable presumption that more than four persons living together in a single dwelling unit, who are not related by blood, adoption or marriage, do not constitute the functional equivalent of a traditional family. In determining the functional equivalent of a traditional family, the following criteria shall be present:

A lot containing a single-family detached dwelling and an agricultural use.

Any freestanding and uninhabited structure that is erected to secure or divide a property from another, or part of a property from the remaining part of the same property.

Material, exclusive of structures, placed or deposited so as to form an embankment or to raise the surface elevation of the land.

A temporary inundation of normally dry land.

The highest level of flooding that, on the average, is likely to occur once every 100 years; that is, that has a one-percent chance of occurring each year as delineated by the Federal Flood Insurance Agency Maps developed in the Flood Insurance Program (see also "base flood").

A relatively flat or low land area which is subject to partial or complete inundation from an adjoining or nearby river, stream, or watercourse; and/or any area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

See "alluvial soils."

Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents.

The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the center line of the wall separating two buildings, but not including interior parking spaces, interior loading space for motor vehicles, or any interior space where the floor-to-ceiling height is less than six feet.

That floor area within a building, on all floors of such building which are used for or related to the business or use conducted within the building, including all lavatory areas, corridors, storage areas and other areas used to keep stock and inventory, but exclusive of elevator shafts, stairwells, a first floor lobby, basement storage area, and any room or area dedicated to the heating plant, air conditioning equipment or other utility areas necessary for the operation of the building.

The floor area within exterior walls designed for year round human occupancy, excluding such spaces as garages, accessory buildings, basements, attics, patios and porches.

The management of forests and timberlands when practiced in accordance with accepted silvicultural principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

The length of a front lot line coinciding with a street line.

An accessory building or part of a principal building used for the storage of motor vehicles owned and used by the owner or tenant of the premises, and for the storage of not more than two motor vehicles owned and used by persons other than the owner or tenant of the premises.

A building other than a private garage, used for the commercial storage or parking of motor vehicles.

The temporary display and sale of goods and craft items on a residentially used property.

A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature or humidity can be regulated for the commercial cultivation of plants or produce.

Lands permanently protected as conservation areas by a perpetual easement that complies with § 170(h) of the Federal Internal Revenue Code of 1986, as amended.

That portion of a tract that is set aside for the protection of sensitive natural resources, farmland, scenic views, and other unique features.

The replenishment of water, contained in interconnected pores located below the water table in an aquifer, from the infiltration of precipitation, streams, lakes, or other water sources.

A licensed community-based living arrangement functioning as a single household and providing rehabilitation service and which provides residential services to persons who, due to age, disability or handicap, are not able to live without professional care or supervision. Group homes shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration. (See also "transitional housing.")

The location or place of egress and ingress to a street or highway created by a driveway, alley or other street.

Any structure, parcel, or site that is:

An activity conducted for profit by persons residing on the premises that is clearly subordinate to the residential use of the property, which typically involves a trade, the storage of goods or materials, manufacturing, or the use of commercially registered vehicles, and which does not fall within the definition of "professional home occupation."

An activity conducted for profit by persons residing on the premises which is typically of a professional nature such as an attorney, engineer, architect, member of the clergy, and similar professions, and which do not fall within the definition of a "nonprofessional home occupation."

A nonprofit organization comprised of homeowners or property owners, planned and operated under negotiated and approved rules and regulations for the purpose of administering the needs of residents through the maintenance of community-owner property. This term is synonymous with "property owners' association."

The cultivation of fruits, vegetables, flowers, or ornamental plants.

Areas or materials, such as buildings, structures, and paved areas, which are impenetrable by liquid and which are incapable of allowing groundwater recharge or absorbing precipitation and liquids.

Vehicle trips generated for a particular size of land use published by the Institute of Transportation Engineers, ITE Trip Generation Manual, latest edition.

Any worn out, cast off, discarded or stored material including unregistered vehicles, machinery, and equipment or material ready for destruction or which has been collected for salvage or conversion to another use.

The use of land, buildings or structures for the purpose of breeding, boarding, training or grooming customary household pets for compensation, or the maintenance of four or more dogs that are more than six months old on a single lot or contiguous lots under single ownership or lease.

A building or group of buildings in which are located facilities for scientific research, investigation, testing and experimentation, but not including the manufacture of products for sale.

Includes any of the following activities:

The legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

Plantings arranged or placed so as to divert attention from and obstruct at least 50% of an otherwise clear view of an use or activity during all seasons of the year, as outlined by this chapter.

The planting of turf grass or other appropriate ground cover in all open areas of the lot, and in addition, the planting of evergreen and deciduous trees, and shrubs, including the maintenance thereof, for the control of erosion, retention of precipitation, protection against the elements, promotion of human comfort, and otherwise protecting the public welfare. (Also see "screen" and "landscape screen.")

A single dwelling unit consisting of both a commercial/office and a residential component that is occupied by the same resident. The live/work unit shall be the primary dwelling of the occupant.

A space, accessible from a street or accessway, in a building or on a lot, for the temporary use of vehicles while loading or unloading merchandise or materials.

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit, excluding any area within a public street right-of-way.

The area contained within the lot lines of an individual parcel, excluding any street and railroad rights-of-way and common open space.

The ratio of the total ground floor area of all impervious surfaces to the total area of the lot on which they are located.

A property boundary line of any lot held in single and separate ownership exclusive of a street right-of-way. When a recorded lot includes a lot line that is coincident with a street center line, the lot line shall be construed to be coincident with the right-of-way line instead.

A dimension from a lot line to which a structure shall abut.

The lot line abutting and coinciding with a street right-of-way line; in the case of a corner lot, each street on which the corner lot abuts shall be considered a front lot line, and the remaining lots shall be deemed to be rear yard lines.

A lot line opposite and most distant from the front lot line; if the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum possible distance from the front lot line. In the case of a corner lot, see "yard, front."

Any lot boundary that is not a front or rear lot line.

The distance between the two opposite side lot lines, or between the rear lot line and the front lot line in the case of a corner lot, measured at the minimum front yard setback line, and parallel to the street line.

A lot bounded by two or more intersecting streets or at the point of change in direction of a single street when the interior angle of which is not greater than 135°.

A lot which provides access to a public road by a driveway which passes through a portion of the lot that does not meet minimum lot width requirements.

A parcel of land in a mobile home park, improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single mobile home.

The lowest floor of the lowest fully enclosed area (including the basement). An unfinished, flood-resistant partially enclosed area, used solely for the parking of vehicles, building access, and incidental storage, in an area other than a basement area, is not considered the lowest floor of a building, provided that such space is not designed and built so that the structure is in violation of the applicable nonelevation design requirements of this chapter.

A transportable, single-family dwelling intended for permanent occupancy, office, or place of assembly, contained in one or more sections, built on a permanent chassis, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used with or without a permanent foundation. Also includes park trailers, travel trailers, recreational and similar vehicles that are placed on a site for more than 180 consecutive days.

That area of a lot that has no development restrictions. The minimum buildable area shall not include the area of any required setbacks (except driveways which cross yards), buffers, natural features with one 100% protection as specified in § 240-15B (Table 2) and the portion of other protected natural features that may not be developed or intruded upon.

The replacement of existing work with equivalent materials for the purpose of routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change or any required means of egress, or rearrangement of parts of a structure affecting egress; nor shall minor repairs include addition to, alteration or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

The use of a building or a lot for two or more principal uses.

A transportable, single-family dwelling intended for permanent occupancy contained in one unit, or in two units designed to be joined into one integral unit capable of again being separated for repeated towing, which arrives at a site complete and ready for occupancy except for minor and incidental unpacking and assembly operations, and constructed so that it may be used without a permanent foundation.

A parcel of land under single ownership which has been planned and improved for the placement of mobile homes for nontransient use, consisting of two or more manufactured or mobile home lots for nontransient use.

Any building, structure, facility, complex, area, or use, provided, constructed, or maintained by the municipal government of Newlin Township.

Structures for which the start of construction commences on or after December 19, 1979, and includes any subsequent improvements thereto.

A lot or site which does not comply with the applicable dimensional regulations, including those related to site area, lot area, and lot width, in this chapter or amendments hereafter enacted where such lot was lawfully in existence prior to enactment of this chapter or amendments.

Any sign lawfully existing at the time of the passage of this chapter that does not conform in use, location, height or size to the regulations of Article X, Sign Regulations.

A structure which does not comply with the applicable dimensional regulations, including those relating to density, impervious surfaces, building coverage, building height, and setbacks, in this chapter or amendments hereafter enacted, where such structure was lawfully in existence prior to enactment of this chapter or amendment.

A use, whether of land or of a structure, which does not comply with the applicable use provisions of this chapter or amendment heretofore or hereafter enacted, where such use was lawfully in existence prior to the enactment of such ordinance or amendment, or prior to the application of such ordinance or amendment to its location by reason of annexation.

A lot containing a single-family detached dwelling and no agricultural use.

An open or enclosed place where plants are propagated and then grown until such time as they are placed in permanent locations or sold.

A building or series of buildings for the housing and care of persons in need of specialized care and attention, but which does not necessarily meet hospital level of services.

The Newlin Township Open Space, Recreation and Environmental Resources Plan of 1994, as it may be amended.

Total open space area divided by total site area.

A parcel or parcels of land or an area of water, or a combination of land and water, within a development site, designed and intended for the use and enjoyment by residents of such development. Common open space shall be substantially free of structures, but may contain such improvements as are in the finally approved development plan, and shall not include individually owned private yards, streets, and off-street parking areas unless provided in conjunction with a recreational facility.

A tract or parcel of land in single and separate ownership as of the date of adoption of this chapter.

A space located off the public right-of-way designed and designated for the transient storage of a motor vehicle.

A building in which limited services consistent with neighborhood needs are offered to the general public. Examples of such services include, but are not limited to, barbershops and beauty shops, pharmacies, dry cleaning and tailoring shops, shoe repair shops, travel agencies, or photocopy shops.

A final plan showing actual and correct dimensions and locations of all streets, structures, improvements, and other constructed improvements.

A plan submitted as part of a preliminary and/or final subdivision or land development plan application, which includes a natural features inventory and analysis, conservation areas, and man-made features.

A subdivision or land development plat prepared under the provisions of Article V of the Pennsylvania Municipalities Planning Code, this chapter, and Chapter 185, Subdivision and Land Development, as may be amended.

A drawing submitted to the Township for review and discussion prior to the application for preliminary plan approval, indicating the general location of a site's prominent environmental features, including tree masses, scenic vistas, historic elements, and conceptual layout of a subdivision or land development. Sketch plans are voluntarily prepared and do not constitute an application for a plan approval.

A calculation and drawing that establishes a theoretical conceptual maximum development density of a particular parcel, which reflects a realistic layout that shows a development pattern that could reasonably be expected to be implemented, taking into account the presence of wetlands, floodplains, steep slopes, easements, areas for utilities, and any other site element required in this chapter or Chapter 185, Subdivision and Land Development. The yield plan is not to be considered a preliminary plan.

The Planning Commission of Newlin Township.

The map or plan of a subdivision of land, whether preliminary or final.

The final plat, or engineering layout of streets and lots, easements, common open space and public grounds, which has been duly approved by all necessary officials and bodies, and recorded in the Office of the Recorder of Deeds of Chester County.

Portions of a site or parcel that are appropriate for development and which are exclusive of conservation areas.

A separate lot, tax parcel, tract, or plot of land together with the buildings and structures thereon. "Premises" may include more than one occupant on a lot or parcel, such as an office building or planned commercial center.

The office of a member of a recognized and lawful profession maintained for the conduct of that profession, including, but not limited to, dentists, doctors, chiropractors, attorneys, and accountants.

Areas within a site that contain sensitive environmental conditions that are to be protected, fully or partially, from development.

Parks, playgrounds and other public areas and the sites for schools, sewage treatment, refuse disposal and other publicly owned or operated facilities.

A formal meeting held pursuant to public notice by the governing body, intended to inform and obtain public comment prior to taking action.

A forum held pursuant to notice under 65 Pa.C.S.A. § 701 et seq. (October 15, 1998, P.L. 729, No. 93) known as the "Sunshine Act."

Notice published once each week for two successive weeks in a newspaper of general circulation in Newlin Township. Such notice shall state the time and place of the hearing and the particular nature of the matter to be considered at the hearing. The first publication shall be not more than 30 days and the second publication shall be not less than seven days from the date of the hearing.

Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.

Any building, structure, facility, complex or area used by the general public or which provides a service to the public, whether constructed by a state, county or municipal government agency, or any private individual, partnership, association, or corporation.

Removal of sand, clay, gravel, topsoil, groundwater or similar commercial extractive operations including borrow pits or excavations for removing material for fill operations.

The use of a building or part thereof for indoor sports such as bowling, tennis, racquetball, squash, indoor basketball, indoor swimming, and those sports activities usually conducted indoors, but excluding target shooting or any other activities that create loud noises or which may be dangerous or disturbing to surrounding residents.

Those leisure-time activities which require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, ball courts and swimming pools, excluding amusement parks.

A leisure-time facility designed and equipped for the conduct of sports activities, including swimming, tennis and other court games, baseball and other field sports, playground and other outdoor activities, but excluding amusement parks, go-cart tracks, shooting ranges and other activities which generate noise objectionable to a residential environment.

Leisure-time uses which can be carried out with little alteration or disruption in the area in which they are performed. Such uses include, but are not limited to, hiking, biking, and picnicking.

A vehicle, which is:

An activity that accumulates material, such as paper, glass, aluminum, and plastic that is no longer useful for its original purpose. The materials are then transported off the premises to be manufactured into a new product, or a place for the collection and storage of materials suitable for recycling into usable products.

The restocking of an area with trees.

A nonprofit use of land or a building as a place of worship, convent, monastery or similar religious institution, including rectory and parish house.

An individual space offered for compensation or lease within a motel, hotel, rooming house, tourist home, institutional home, dormitory, or in a professional or commercial office building.

A facility serving food and beverages prepared for consumption on the premises, and providing table or sit-down service, but not including outdoor curb service.

Establishments providing services or entertainment, as opposed to products, to the general public, real estate and insurance, personal service establishments, motion pictures, amusement and recreation service, educational and social services, museums and galleries.

Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods such as, but not limited to, hardware store, pharmacy, magazine or bookstore, florist, or clothing store.

Land reserved or dedicated for use as a street, alley, walkway, or any other public or private purpose.

The right-of-way deemed appropriate to provide adequate width for future street improvements.

The existing right-of-way of dedicated streets as established by the Commonwealth of Pennsylvania or other appropriate governing authority.

A dwelling in which weekly or monthly sleeping accommodations are provided for rent to more than two but less than 10 persons, whether or not the serving of meals is included.

Vegetative materials such as shrubs and trees (which may incorporate a berm) that shall grow to form a continuously growing, dense evergreen six-foot-tall visual barrier within five years of planting.

An agricultural accessory use, such as the repair of agricultural equipment, butcher shop, or processing of local agricultural products, which provides a secondary source of income to the primary agricultural use.

The process by which mineral or organic matter is accumulated or deposited by moving wind, water, or gravity. Once this matter is deposited it is usually referred to as "sediment"

The felling of certain, but not all, trees in an area for the purposes of:

The minimum building line measured along a line parallel to a lot line.

Any substance that contains any of the waste products or excrement matter or other discharge from the bodies of human beings or animals and laundry, bathroom, and kitchen wastewater.

Includes the following:

The maximum extent of unobstructed vision (in a vertical or horizontal plane) along a street from a vehicle located at any given point on the street, as defined by the Pennsylvania Department of Transportation.

Any permanent or temporary structure or part thereof or any device attached, painted or represented, directly or indirectly, on a structure or other surface that displays or includes any letter, word, insignia, flag, or representation used as or which is in the nature of an advertisement, announcement, visual communication, direction, or which is designed to attract the eye or bring the subject to the attention of the public.

The area of the smallest rectangle, triangle, or circle that will encompass all elements of the sign, such as letters, figures, symbols, designs, or other display. The area shall not include any structural component, borders, or framing, unless it is in the form of a symbol or contains advertising elements.

The distance from the existing ground elevation at the base of the sign, or immediately below the sign, to the highest point of the sign structure.

A sign which directs attention to any commercial, industrial or professional activity occurring on the premises on which the sign is located, but not including a home occupation sign.

A sign used to identify the name and display information about the individual, organization, agency, institution, or similar development located on the premises on which the sign is located, but not including a business sign.

A temporary sign that carries information about a transitory event such as an auction, flea market, festival, carnival, or similar event, but not including any business sign or for-sale signs.

The ownership of property by any person, partnership, or corporation, in which ownership is separate and distinct from that of any adjoining property.

Measures taken following completion of land disturbance activities that will stabilize the land surface and minimize possible erosion or sedimentation.

Areas subject to periodic flooding as listed in the Soil Survey of Chester and Delaware Counties, Pennsylvania, U.S. Department of Agriculture, Soil Conservation Service, May 1963.[6]

Soils with U.S. Soil Conservation Service agricultural capability units I, II, and III.

All refuse, including garbage and trash, and all solid material which is putrescible and originating from the preparation, cooking and consumption of food and market produce.

Those areas of land where the grade is 20% or greater.

The keeping of new or used products, merchandise, materials, equipment or vehicles for a continuous period greater than eight hours. Excluded from this definition are the following:

The keeping of goods or materials for present or future use in an area unprotected from the elements.

Any precipitation, but usually rainfall, which is sufficient to flow on any natural or impervious surface creating erosion and sedimentation; frequently termed "runoff."

The management and/or control of stormwater, erosion and sedimentation through the implementation of controls as required by either Chapter 185, Subdivision and Land Development, or Chapter 170, Stormwater Management, of the Township Code.

A public (dedicated) or private (undedicated) right-of-way intended for use as a means of vehicular and pedestrian circulation to provide access to more than one lot. The word "street" includes thoroughfare, avenue, boulevard, court, drive, expressway, highway, lane, alley, road, or similar terms. Streets are classified in the Newlin Township Comprehensive Plan as:

The legal right-of-way line of a street dividing a lot from the boundary of a public or officially plotted street.

A line which is an equal distance from both street lines unless officially designated otherwise.

A lane not deeded or dedicated to the Township.

A public thoroughfare that has been dedicated, deeded and accepted by the Township and which affords the principal means of access to abutting property.

A street which has access to an existing public road and circulation system only at one point. A single-access street includes culs-de-sac, loop roads, and dead-end streets.

Any change in, or addition to, the supporting or structural members of a building or other structure, such as the bearing walls, partitions, columns, beams or girders, or any change which could convert an existing building or other structure into a different structure, or adapt it to a different use, or which, in the case of a nonconforming building or other structure, would prolong the life of such building or other structure.

One or more buildings enclosed by continuous exterior walls and a continuous roof.

A structure without foundation or footings, which is removed within a designated time period or after the activity or use for which the temporary structure was erected has ceased.

The division or redivision of a lot, tract or parcel of land by any means, into two or more lots, tracts, parcels or other divisions of land, including changes in existing lot lines for the purpose, whether immediate or future, of lease, partition by the court for distribution to heirs or devisees, transfer of ownership or building or lot development; provided, however, that the subdivision by lease of land for agricultural purposes into parcels of more than 10 acres, not involving any new street, easement of access or residential dwellings shall be exempted.

The Subdivision and Land Development Ordinance of Newlin Township, as adopted and amended from time to time; Chapter 185 of this Code.

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

Any repair, reconstruction, rehabilitation, addition or other improvement of a structure to an extent or amount equaling 50% or more of the market value of the structure before the start of construction of the improvement. "Substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. This term includes structures that have incurred "substantial damage" regardless of the actual repair work performed. The term does not, however, include either of the following:

That part of precipitation that passes over the surface of the soil.

An enclosure, designed to be filled with water, permanently constructed or portable, with sides having a depth of more than 18 inches below the level of the immediate surrounding grade, or an above surface pool having a depth of more than 30 inches, designed, used and maintained for swimming and recreation.

A building and its equipment used for the transmission and exchange of telephone or radio telephone messages between subscribers and other business of a telephone company.

Natural and friable loam containing sufficient nitrogen, phosphorus, and potassium to support plant growth and extending in depth to the extent of penetration of feeder roots of the prevailing native grasses.

The Township of Newlin, Chester County, Pennsylvania.[7]

The total area within a lot, exclusive of roads and rights-of-way, steep slopes, floodplains and wetlands, watercourses, rock outcrops, and as identified in Table 2 of this chapter.[8]

The total amount of land within a lot or parcel.

A right-of-way containing a marked or beaten path, either paved or unpaved, for pedestrians, equestrian or bicycle use.

A drawn vehicle, not self-propelled, which is permitted on the highways when properly licensed.

A facility where municipal solid waste is delivered for the purpose of consolidating the material into larger vehicles for transport to a final disposal site or processing facility.

Living arrangements for up to five unrelated individuals that do not meet the definition of "family" or "group home." Transitional housing may include a licensed community-based facility which provides lodging, rehabilitation, or meals to clients where supervision is provided seven days a week, 24 hours a day, or is staffed continuously by the provider whenever the structure is occupied.

The line marking the outer edges of the branches of the tree.

The uprooting or removal of more than four trees per acre from any lot for the purpose of allowing or encouraging the natural regeneration or preservation of a tree stand on a lot which has a gross area prior to any subdivision or land development of more than three acres and which is undertaken in compliance with an approved woodland management plan.

An area that is radial to the trunk of a tree in which no construction activity shall occur. For the purposes of this chapter, the tree protection zone shall be 15 feet from the trunk of any tree to be retained or the distance from the trunk to the dripline, whichever is greater. Where there is a group of trees or woodlands, the tree protection zone shall be the aggregate of the protection zones for individual trees.

Cultivated lawn grasses capable of being mowed to form a dense matting of roots and stems, other than the native, wild grasses or weeds.

An area of minimum contiguous size to be planned, developed, operated, and maintained as a single entity and containing one or more residential clusters and areas of permanently maintained open space.

A use of land or structure on the same lot with it, and of a nature customarily incidental and subordinate to, the principal land use or structure.

A use which is permitted in a zoning district without the need for a special exception, variance or conditional use permit.

A use which is generally not appropriate to a particular zoning district as a whole, but which may be suitable in certain places within the district only when specific conditions and factors prescribed for such cases within this chapter are present. Conditional uses are allowed or denied by the Board of Supervisors after a public hearing and review and comments from the Planning Commission.

A use which is not permitted as a right, but which, when deemed suitable, with or without the imposition of conditions or restrictions under applicable standards, may be allowed by the Zoning Hearing Board after public hearing.

Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business, or operation carried on in a building or other structure on a tract of land.

A modification of the regulations of this chapter granted by the Zoning Hearing Board on grounds of physical conditions or unnecessary hardship, not self-imposed, pursuant to the provisions of this chapter and Act 247.

A wall, fence, plantings, earth works, or combinations thereof, which are arranged or placed so as to divert attention from and obstruct at least 50% of an otherwise clear view of any use or activity during all seasons of the year, as outlined by this chapter.

Any place designed or maintained for public pedestrian use, without regard to ownership.

Includes the following:

The upper surface of a zone of saturation, except where that surface is formed by an impermeable body.

A stream, creek, run or other body of running water with a defined bed and banks in which water flows in a definite direction or course, either continuously or intermittently, as depicted on the most current edition of the applicable U.S.G.S. Quadrangle Map.

Any and all rivers, streams, creeks, lakes, rivulets, dammed water, ponds, springs, and all other bodies of surface and underground water, or parts thereof, whether natural or artificial, within or on the boundaries of the Commonwealth of Pennsylvania.

Those areas that are inundated and saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Any area meeting the official wetland definition of the U.S. Army Corps of Engineers or the Pennsylvania Department of Environmental Protection, as amended, shall be considered a wetland for the purposes of this chapter. In the event the definition of a wetland accepted by the U.S. Army Corps of Engineers conflicts with the definition of a wetland accepted by the Pennsylvania Department of Environmental Protection, the more restrictive definition shall apply.

The commercial communications antenna, commercial communications antenna support structure, wireless communications equipment building, parking areas, and other facilities, structures and equipment involved in receiving or transmitting wireless communications or radio signals on a site.

A structure or cabinet that contains equipment involved in receiving or sending wireless communications.

A plant community predominantly of healthy trees and other woody vegetation, well stocked and growing more or less closely together. Specifically, woodlands consist of 1/4 acre or more of continuous wooded land, where the largest trees measure at least six inches diameter at breast height (dbh). The woodland shall be measured from the dripline of the outer trees. Woodlands are also a grove of trees forming one canopy where 10 or more trees measure at least six inches dbh.

A description, by means of text and maps, of proposed actions involving the removal of trees from a tract of land, prepared by a qualified individual with demonstrable expertise in forest management, and documenting measures to be taken to: protect water quality; minimize impacts from skid trails and logging roads, land areas, and the tree removal process; and ensure site restoration.

An open area around the periphery of a lot; a yard extends inward from and parallel to lot lines and street lines and is measured as a distance perpendicular to lot and street lines.

The required open space between the front setback line and the street right-of-way line projected along the full width of the lot. In the case of a corner lot, the yards extending along all streets shall be deemed to be front yards, and the remaining yards shall be rear yards.

The required open space extending the full width of the lot along the rear lot line at a specified depth from such rear lot line.

The required open space extending the full depth of the lot along a side lot line extending a specified depth from such side lot line.

The conceptual calculation for a particular site that results after all protected areas are deducted from the gross site area.

The Zoning Hearing Board of the Township of Newlin, Chester County, Pennsylvania.

The individual charged with the enforcement of the provisions of this chapter.

The Zoning Ordinance of Newlin Township, as adopted and amended from time to time.