This chapter shall be known as the "Township of Salisbury Grading
and Development Ordinance."
All activities regulated by this chapter must have a grading
permit that has been reviewed and approved by the Salisbury Director
of Community Development or his/her designee.
When used in this chapter, the following words, terms and phrases
shall have the following meanings, unless expressly stated otherwise
or unless the context clearly indicates otherwise:
ACCESSORY BUILDING OR STRUCTURE
Any building or structure detached from and subordinate to
a principal building or structure on the same lot and which is used
for purposes that are clearly customarily incidental to the uses of
the principal building or structure. Any portion of a principal building
or structure used for an accessory use shall not be considered to
be an accessory building or structure.
ADDITION
An extension or increase in floor area or height of an existing
building or structure beyond the walls or roof of an existing building
or structure.
BUILDING
Any structure, excluding a swimming pool, having a permanent
roof and/or permanent walls, a footprint greater than or equal to
10 square feet, and a height greater than or equal to six feet. The
term "permanent walls" includes, but is not limited to, screens, windows,
glass, and lattice work. The term "permanent walls" does not include
covering over footers or support poles for a deck or porch less than
or equal to three feet high. All buildings are structures but only
those structures that meet this definition shall be considered buildings.
BUILDING COVERAGE
The percentage obtained by dividing the maximum footprint
covered by all principal and accessory buildings on a lot by the total
lot area of the lot upon which the buildings are located.
CANOPY
The total area of the tree or trees where the leaves and
outermost branches extend. When the tree canopy size cannot be calculated,
it shall be assumed that a single tree has a canopy of 700 square
feet. May also be referred to "drip line" of the tree.
CHRISTMAS TREE FARM
A type of crop farming involving the raising and harvesting
of evergreen trees for commercial purposes. This may include the retail
sale of trees from November 15 to December 30 that were produced on
the premises. Shall not be included in the classification of "tree
harvesting."
CONSTRUCTION AREA
The total land areas proposed to be used for and/or within
any and all of the following:
1.
Areas within the proposed lot that are within 15 feet of any
or all of the following existing or proposed features:
A.
Principal buildings or principal structures (other than the
required rear yard in Subsection C below).
B.
Accessory structures or uses existing or proposed at the time
of development of the principal building or structure.
C.
An accessory building of more than 500 square feet of building
coverage.
2.
Areas within the proposed lot that are within 10 feet of any
existing or proposed gravel or paved areas (including driveways) serving
nonresidential uses, other than walkways.
3.
Areas within the proposed lot that are within 40 feet of the
rear of a principal building.
4.
Areas within a directly abutting portion of a proposed public
or private street, from the center line inward to the closest lot
line of the abutting lot.
5.
Gravel or paved areas (including driveways) serving residential
uses other than walkways.
6.
Areas proposed to be graded.
CROP FARMING
The cultivating, raising and harvesting of products of the
soil and the storage of these products produced on the premises. The
definition of "crop farming" shall also include orchards, vineyards
and accessory wine processing, and Christmas tree farms, but shall
not include animal husbandry, commercial forestry, riding academies
or kennels. A principal crop farming use may also include customary
accessory keeping of animals but shall not include a "kennel," unless
the requirements for such use are also met.
FOOTPRINT
The perimeter of a structure measured at the outer edge of
the outside walls of the structure, including cantilevered portions
of the structure. When calculating the footprint of a structure, retractable
awnings shall not be included.
FORESTRY
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.
IMPERVIOUS COVERAGE
The total area of all impervious surfaces (including building
coverage) on a lot divided by the total lot area.
IMPERVIOUS SURFACE
Any structure or man-made surface with a runoff factor of
0.80 or greater. For purposes of this chapter, gravel/stone surfaces
and pavers laid with a minimum of two inches between each paver shall
not be considered impervious.
LAND DEVELOPMENT
1.
The following activities are regulated as a land development and subject to the land development approval requirements set forth in the Salisbury Township Subdivision and Land Development Ordinance (Chapter
22 of the Township Municipal Code). All sizes and numbers are calculated as an aggregate over the proceeding five years regardless of the permits and approvals issued for each proceeding activity:
A.
A subdivision, resubdivision, or consolidation of land.
B.
Construction of one or more principal, non-residential structures
regardless of the number of occupants.
C.
Construction of a nonresidential addition with a footprint greater
than or equal to 1,000 square feet.
D.
Construction of two or more dwelling units on a single lot.
E.
The conversion of an existing structure to increase the number
of uses or occupants.
F.
The conversion of an existing residential structure or dwelling
unit into a nonresidential structure or unit.
G.
The conversion of an existing structure into condominiums.
H.
Construction of a new, or expansion of an existing, parking
area by 12 or more parking spaces.
I.
Work involving 5,000 square feet or more of new impervious coverage,
both on- lot and within the public right-of-way, regardless of use.
J.
Work involving 10,000 square feet or more of site alterations,
both on-lot and within the public right-of-way, regardless of use.
2.
The following shall be excluded from the definition of "land
development:"
A.
The construction of a single-family detached dwelling on an
existing lot.
B.
The conversion of an existing single-family detached dwelling
or a single- family semi-detached dwelling, into not more than three
residential units, unless such units are intended to be condominiums.
C.
The addition of an accessory building, including farm buildings,
on a lot or lots subordinate to an existing principal building.
D.
The addition or conversion of buildings or rides within the
confines of an enterprise which would be considered an amusement park.
For purposes of this exclusion, an amusement park is defined as a
tract or area used principally as a location for permanent amusement
structures or rides. This exclusion shall not apply to newly acquired
acreage by an amusement park until initial plans for the expanded
area have been approved by the Township.
E.
Commercial communication towers and their structures.
F.
An approved tree harvesting operation when the value of the
trees, logs, or other timber products removed exceeds $2,000 per calendar
year.
G.
The subdivision of land for agricultural purposes into parcels
of more than 10 acres, not involving any new street or access easement.
H.
The reconfiguration and/or movement of site improvements previously
approved as part of land development project as long as the proposed
work does not meet any of the criteria listed in Subsection 1A through
J above.
LOT
The designated area of land within the lot area. May also
be referred to as "parcel."
LOT AREA
An area of land which is determined by the limits of the
property lines bounding that area and expressed in terms of square
feet or acres. Any portion of a lot included in a street right-of-way
shall not be included in determining lot area. Property lines shall
be bound by a singular tax parcel, as determined by the Lehigh County
Tax Assessment Office and Lehigh County Geographic Information Systems
Office. When a tax parcel spans more than one municipality, the taxing
municipality shall have sole control over the development and use
of the lot and its entire lot area shall be included when calculating
lot area, setbacks, building coverage, and impervious coverage.
RIGHT-OF-WAY
Areas beyond each property's lot area which is not privately
owned. Areas of right-of-way include, but are not limited to, road,
streets, and alleys.
SITE ALTERATIONS
All ground disturbance, including, but not limited to, new
impervious coverage; regrading existing topography; alterations to
lakes, ponds, marshes, or floodplains; clearing vegetation; construction
of a stormwater detention basin; and altering watercourses. "Site
alterations" does not include the repaving/replacement of an existing
impervious surface unless the size is increased and/or the topography
is altered.
STRUCTURE
Any man-made object having an ascertainable location on,
below, or in land or water, whether or not affixed to the land. The
term "structure" shall not include a child's playset or playhouse,
as long as its design is clearly that for a child and it will not
be utilized as a storage shed or similar type of use.
TEMPORARY STRUCTURE
Unless otherwise provided for in regards to a specific provision,
or otherwise approved by the Township, any structure, as defined above,
that will be situated on a lot for not more than 30 days in any calendar
year (January 1 through December 31).
TREE HARVESTING
The portion of "forestry" which involves the cutting down
of trees and removing logs for any type of business or other commercial
purpose. Does not include trees permitted to be removed as part of
an approved development or construction project nor does it include
trees removed as part of an approved Christmas tree farm or other
crop farming use. May also be referred to as "timber harvesting" or
"logging." "Tree harvesting" does not include other activities associated
with the removed trees such as, but not limited to, on-site retail
sales, manufacturing, and processing.