To conserve open land, including those areas containing unique and sensitive natural features such as woodlands, steep slopes, streams, floodplains and wetlands, by setting them aside from development;

To provide greater design flexibility and efficiency in the provision of services and infrastructure, including the opportunity to reduce length of roads, utility runs, and the amount of paving required for development;

To reduce erosion and sedimentation by the retention of existing vegetation, and the minimization of disturbance of steep slopes;

To provide for a diversity of lot sizes, building densities, and housing choices to accommodate a variety of age and income groups and residential preferences, so that the Township's fair share population may be accommodated;

To implement the Township's policies to conserve a variety of irreplaceable and environmentally sensitive resources and lands as set forth in the 1994 Newlin Township Open Space, Recreation and Environmental Resources Plan, including provisions for reasonable incentives to create a greenway system for the benefit of present and future residents;

To implement adopted land use, transportation, and community policies, as identified in the 2011 Unionville Area Regional Comprehensive Plan;

To protect areas with productive agricultural soils for continued or future agricultural use, by conserving areas of land large enough to allow for efficient farm operations;

To create neighborhoods with direct visual access to open land, with amenities in the form of neighborhood open space, and with a strong neighborhood identity;

To provide for the conservation and maintenance of open land to achieve the above-mentioned goals and for active or passive recreational use by residents;

To provide multiple options for landowners in order to minimize the adverse effects of development on sensitive environmental resources, such as wetlands, floodplains and steep slopes, and limit disturbance to natural or cultural features such as mature woodlands, hedgerows and tree lines, critical wildlife habitats, historic buildings, and fieldstone walls;

To provide standards reflecting the varying circumstances and interests of individual landowners and the individual characteristics of their properties; and

To conserve scenic views and elements of Newlin's rural character and to minimize perceived development density by limiting views of new development from existing roads.

Option 1: residential development at a neutral density and providing basic open space conservation, allowing for residential uses at a relatively low residential density. Greenway lands (see definition of "greenway" in Article II of this chapter) shall comprise approximately half the tract. Lots shall be flexibly designed and may utilize either individual or central wells and sewage treatment facilities.

(Reserved)

Option 3: development of estate lots, allowing the development of house lots in rural settings at low gross densities, where homes and streets are located carefully to minimize impacts on resource lands.

Option 4: development of country properties and farmettes at very low densities appropriate for rural areas, with flexible design standards.

(Reserved)

Freestanding nonresidential developments. Several nonresidential uses are permitted through the special exception use process (refer to Article VII of this chapter.) and through the conditional use process (refer to Article VIII of this chapter). Such developments may occur primarily in the Village Overlay District.

On tracts six acres or more single-family detached dwellings are permitted under the provisions of §§ 240-15 and 240-16 of this chapter.

On tracts less than six acres existing on the date of adoption of this chapter, single-family detached dwellings are permitted under the provisions of Option 1 found in §§ 240-15 and 240-16 of this chapter or under the provisions of § 240-22 of this chapter.

Agricultural uses, including pasture land, horticulture, wholesale nurseries, and the raising of crops, and related buildings.

Woodlots, arboreta, and other similar silvicultural uses.

Woodland preserve, game preserve, wildlife sanctuary, or other similar conservation uses.

Municipal or public uses; public park or recreation area; governmental or public utility building or use; not to include business facilities, storage of materials, trucking or repair facilities, the housing of repair crews, municipal sanitary landfills. Utility buildings shall be set back 60 feet from any front, side or rear lot line of any residential lot.

Agricultural uses, including horticulture, wholesale nurseries, and the raising of crops, related buildings, and other uses listed in § 240-14B(1) through (3) of this chapter above, including a CAO and a CAFO.

Uses permitted in § 240-61 of this chapter.

Accessory dwelling units (ADU). Accessory dwelling units on lots greater than two acres subject to the provisions in § 240-36.

Professional home occupations in attached or detached dwellings.

Garden sheds, swimming pools for use by the occupants of the dwelling, and similar individual recreational facilities.

Village Overlay District. Special exception uses in the Village Overlay District, according to the conditions of § 240-66 of this chapter.

Other special exception uses as specified in Article VII of this chapter.

Minimum required greenway land:

Design of Option 1 subdivision: The developer shall design lots according to the provisions of the four-step process identified in Chapter 185, Subdivision and Land Development.

Adjusted tract acreage approach. Determination of the maximum residential density or maximum number of permitted dwelling units on any tract shall be based upon the adjusted tract acreage. The adjusted tract acreage shall be determined by multiplying the acreage within the categories described below by the density factor for that category of land feature. The areas of constrained land calculated using Table 2 shall be deducted from the gross tract area. If a portion of the tract is underlain by more than one natural feature subject to a deduction, that acreage shall be subject to the most restrictive deduction only.

Yield plan approach. The maximum number of permitted dwelling units on any tract may be based upon the density resulting from a yield plan. Yield plans shall meet the following requirements:

Lot shapes. Lot shapes shall not be irregular except as allowed for flag lots, and lots shall not have a lot depth-to-width ratio exceeding 5:1 unless such lots are deed restricted from the development of more than one dwelling each. The minimum lot size shall be one contiguous acre in subdivisions of two or more principal dwelling units, provided that the maximum tract density as determined by the adjusted tract acreage is not exceeded.

Deed restrictions for lots more than two acres. All lots created under Option 3 that are larger than two acres shall be permanently limited by a deed restriction that prevents future subdivision. A note shall be placed on the final plan, stating the restriction and identifying the lots.

Four-step design of Option 3 subdivisions not required. The developer of Option 3 subdivisions shall not be required to follow the provisions of the four-step process identified in Chapter 185, Subdivision and Land Development, but shall provide an existing resources and site analysis plan.

Lot shapes. Lot shapes shall not be irregular except as allowed for flag lots, and lots shall not have a lot depth to width ratio exceeding 5:1 unless such lots are deed restricted from the development of more than one dwelling each. The minimum lot size shall be one contiguous acre in subdivisions of two or more principal dwelling units, provided that the maximum tract density as determined by the adjusted tract acreage is not exceeded.

Four-step design of Option 4 subdivisions not required. The developer of Option 4 subdivisions shall not be required to follow the provisions of the four-step process identified in Chapter 185, Subdivision and Land Development, but shall provide an existing resources and site analysis plan.

To encourage the use of this development option, the Board of Supervisors may consider an applicant's request for a waiver for street width and bituminous surface in accordance with § 185-23, concerning requesting waivers, of Chapter 185, Subdivision and Land Development.

Conservation of open land in its natural state (i.e., woodland, fallow field, or meadow);

Agricultural operations, including raising of crops or livestock, wholesale nurseries, associated buildings, including residences that are specifically needed to support an active, viable agricultural or horticultural operation. Specifically excluded are commercial hog and chicken livestock operations, CAOs and CAFOs.

Pastureland or areas for horses. Equestrian facilities shall not occupy more than 50% of the minimum required greenway land.

Silviculture, in keeping with established standards for selective harvesting and sustained-yield forestry.

Neighborhood open space uses such as village greens, commons, picnic areas, community gardens, trails, and similar passive recreational uses, specifically excluding wheeled vehicles (except for agricultural vehicles), and rifle ranges.

Active noncommercial recreation areas, such as playing fields, playgrounds, and courts, provided such areas do not occupy more than half of the minimum required greenway land or five acres, whichever is less. Playing fields, playgrounds, and courts shall not be located within 100 feet of abutting properties. Parking facilities for the same shall also be permitted, and they should be gravel-surfaced, unlighted, properly drained, provide safe ingress and egress, and contain no more than 10 parking spaces.

Water supply and sewage disposal systems and stormwater detention areas designed, landscaped, and available for use as an integral part of the greenway.

Easements for drainage, access, sewer or water lines, or other public purposes.

Underground utility rights-of-way. Aboveground utility and street rights-of-way may traverse conservation areas but shall not count toward the minimum required greenway land.

Greenway lands shall be laid out in general accordance with the Newlin Township Open Space, Recreation and Environmental Resources Plan to ensure that an interconnected network of open space (within and surrounding the tract) will be provided. The required greenway land consists of a mixture of primary conservation areas (PCAs), all of which must be included, and secondary conservation areas (SCAs), as required in Chapter 185, Subdivision and Land Development. PCAs comprise those areas listed in § 240-15B(1) (Table 2) as being subtracted from the total parcel acreage to produce the adjusted tract acreage. SCAs should include special features of the property that would ordinarily be overlooked or ignored during the design process. Examples of such features are listed and described in the greenway design review standards in Chapter 185, Subdivision and Land Development.

Greenway land should generally remain undivided and may be owned and maintained by a homeowners' association, land trust, another conservation organization recognized by the Township, or by a private individual as a conservancy lot. Not less than 30% of the land comprising the adjusted tract acreage shall be available for the common use and passive enjoyment of the subdivision residents. These ownership options may be combined so that different parts of the greenway land may be owned by different entities.

Not more than 5% of the total tract acreage in any of the options may be subject to the Township's public land dedication requirement.

Where a proposed development adjoins public parkland, a natural greenway buffer not less than 150 feet deep shall be provided within the development along its common boundary with the parkland, within which no new structures shall be constructed, nor shall any clearing of trees or understory growth be permitted (except as may be necessary for street or trail construction or for safety purposes). Where this buffer is not forested, the Township may require vegetative screening to be planted, or that it be managed to encourage natural forest succession.

Greens.

At least 50% of the dwellings shall face the required open space with the front facade of the dwelling, either directly or across the street.

No portion of any building lot may be used for meeting the minimum required greenway land. However, active agricultural land with farm buildings, excluding areas used for residences, may be used to meet the minimum required greenway land.

Pedestrian and maintenance access, excluding lands used for agricultural or horticultural purposes in accordance with § 240-14C of this chapter, shall be provided to greenway land in accordance with the following requirements:

All greenway areas that are not wooded or farmed shall be landscaped in accordance with Chapter 185, Subdivision and Land Development.

The applicant shall provide a plan for the long-term management of the greenway.

The applicant may offer a dedication of land allowing recreational usage exclusively by the residents of the proposed subdivision. Such land areas shall be permanently protected through a conservation easement enforceable by the Township and/or a land trust, prohibiting future nonrecreational (or commercial recreational) uses.

The applicant may offer to pay a fee to the Township instead of any dedication of recreational land. The Township may accept this fee upon determination that the provision of land would not result in a public benefit.

The decision whether to accept a fee-in-lieu offer by the applicant shall lie with the Township. The amount of the fee shall based upon the fair market value of land that is similar in area, location and in other attributes to land which would otherwise have been dedicated by the developer to satisfy the provisions of this section. The determination of fair market value shall be made by a person familiar with land values in the Township, and who is mutually acceptable to the Township and to the applicant. Such fees shall be based on actual land values at the time of development of the applicant's parcel. All such fees collected shall be deposited in an interest-bearing account identifying the specific recreation facilities for which the fee was received. Upon request of any person who paid any fee under this section, the Township shall refund such fee, plus interest accumulated thereon from the date of payment, if the Township had failed to utilize the fee paid for the purposes set forth in this section within three years from the date such fee was paid.

Density bonus. The Township may allow a density bonus up to 10% to facilitate the creation of a permanent fund to offset continuing costs of maintaining greenway land (involving activities such as mowing, removing exotic species, meeting insurance premiums and local taxes, etc.), and costs associated with active or passive recreation facilities. Expenditures from this fund should be restricted to disbursements of interest so that the principal may be preserved. The minimum amount of the fund shall be adequate to ensure continued maintenance of the greenway lands, and the amount shall be determined by an agency, firm, or organization with experience in managing conservation land and recreational facilities and which is acceptable to the Township.

Cost of maintaining greenway lands. Greenway land that is not accessible by the subdivision residents is not required to be included when estimating ongoing maintenance costs. (Such lands would typically include areas designated on the Final Plan for future agricultural, horticultural, silvicultural, or equestrian uses, which may be leased or sold to another party for those express purposes, and which are protected from future development by a permanent conservation easement.)

Fee simple dedication to the Township. The Township may, but shall not be required to, accept any portion of the common facilities, provided that:

Condominium association. Common facilities may be controlled through the use of condominium agreements. Such agreements shall be in accordance with the Pennsylvania Uniform Condominium Act of 1980,[1] as amended. All open land and common facilities shall be held as a common element.

Homeowners' association. Common facilities may be held in common ownership by a homeowners' association, subject to all of the provisions for homeowners' associations set forth in applicable state regulations. In addition, the following standards shall be met:

Private conservation organization or the county. With permission of the Township, an owner may transfer either fee simple title of the open space or easements on the open space to a private nonprofit conservation organization or to the County, provided that:

Dedication of easements to the Township. The Township may, but shall not be required to, accept easements for public use of any portion of the common land or facilities. In such cases, the facility remains in the ownership of the condominium association, homeowners' association, or private conservation organization while the easements are held by the Township. In addition, the following regulations shall apply:

Noncommon private ownership. Not less than 80% of the required greenway land may be included within one or more large conservancy lots of not less than 10 acres, provided the open space is permanently restricted from future development through a conservation easement, except for those uses listed in § 240-17 of this chapter, and that the Township is given the ability to enforce these restrictions.

Plan for maintenance of greenway lands. The applicant shall, at the time of preliminary plan submission, provide a plan for the maintenance of greenway lands and operation of the common facilities in accordance with the following requirements:

Township maintenance of greenway lands. In the event that the organization established to maintain the greenway lands and the common facilities, or any successor thereto, fails to maintain all or any portion thereof in reasonable order and condition, the Township may assume responsibility for maintenance, in which case any escrow funds may be forfeited and any permits may be revoked or suspended, according to applicable provisions of the Pennsylvania Municipalities Planning Code.

Township corrective action. The Township may enter the premises and take corrective action, including maintenance. The costs of such corrective action may be charged to the property owner, condominium association, homeowners' association, conservation organization, or individual property owners who constitute a condominium or homeowners' association and may include administrative costs and penalties, according to applicable provisions of the Pennsylvania Municipalities Planning Code. Such costs shall become a lien on said properties. Notice of such lien shall be filed by the Township in the office of the Prothonotary of Chester County.