[Amended by Ord. No. 01-2022-647, 1/27/2022[1]]
1. 
For the purpose of this chapter, Salisbury Township is hereby divided into the following zoning districts:
CR
Conservation-Residential District
R1
Rural Residential District
R2
Low Density Residential District
R3
Medium Low Density Residential District
R4
Medium Density Residential District
R5
Medium High Density Residential District
C1
Office-Laboratory District
C2
Neighborhood Commercial District
C3
General Commercial District
I
Light Industrial District
HCO
Health Care Overlay District
TO
Transitional Overlay District
2. 
For the purposes of this chapter, the zoning districts named in § 27-301, Subsection 1, shall be of the number, size, shape and location shown on the Official Zoning Map. Any use of the abbreviations listed in § 27-301, Subsection 1, shall mean the district name that is listed beside the abbreviation.
3. 
Floodplain. The floodplain area, as defined by the Township Floodplain Ordinance (Chapter 8), shall serve as an overlay area to all of the underlying districts. The documents and mapping referenced by the Township's Floodplain Ordinance (Chapter 8), as amended, are hereby included in this chapter by reference.
4. 
Purposes of each district. In addition to the purposes stated in the Comprehensive Plan and in other sections of this chapter, the following districts shall have the following purposes:
CR
Conservation-Residential District — To provide for mostly single-family detached housing at a very low density and conservation-oriented land uses, in recognition of the extensive important natural features in this district
R1
Rural Residential District — To provide for mostly single-family detached housing at a relatively rural density
R2
Low Density Residential District — To provide for mostly single-family detached housing at a low density
R3
Medium Low Density Residential District — To provide for mostly single-family detached, twin and townhouse development at a medium low density
R4
Medium Density Residential District — To provide for a wide range of housing types at a medium density
R5
Medium High Density Residential District — To provide for a wide range of housing types at a medium high density
C1
Office-Laboratory District — To provide for offices and related types of development
C2
Neighborhood Commercial District — To provide for limited types of commercial uses, while protecting adjacent residential neighborhoods
C3
General Commercial District — To provide for a wide range of commercial uses, while protecting adjacent residential neighborhoods
I
Light Industrial District — To provide for a range of manufacturing and other industrial uses, while recognizing that there are limited suitable sites for such activity within Salisbury Township
HCO
Health Care Overlay District — To provide for a range of health care uses, while protecting adjacent residential neighborhoods
TO
Transitional Overlay District — To provide for limited types and intensities of health care uses, while protecting adjacent residential neighborhoods
[1]
Editor's Note: This ordinance superseded former Part 3, Districts, consisting of §§ 27-301 through 27-310, as amended by Ord. No. 12-2016-608, 12/8/2016.
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
The regulations set by this chapter shall apply uniformly to each class or kind of structure or land, except as provided for in this chapter.
2. 
No building, structure or land shall hereafter be erected, used, constructed, reconstructed, moved or structurally altered and no building or structure or part thereof shall hereafter be used or occupied unless it is in conformity with the regulations herein specified for the use and district in which it is located.
3. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
4. 
Any territory which may hereafter be annexed to the Township shall be classified as the zoning district of the Township most similar to the zoning of such territory before annexation (as determined by the Zoning Hearing Board) until otherwise classified.
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
A map entitled "Salisbury Township Zoning Map" accompanies this chapter and is declared a part of this chapter. The Official Zoning Map shall bear the adoption date of this chapter and the words "Official Zoning Map."
2. 
Changes of any nature to the Official Zoning Map shall only be made in conformity with the amendment procedures set forth in this chapter. All changes should be noted by date with a brief description of the nature of the change.
3. 
Regardless of the existence of purported copies of the Official Zoning Map which may from time to time be made or published, the Official Zoning Map shall be located in the Salisbury Township Community Development Office and shall be the final authority on boundaries and districts.
4. 
Official Zoning Map.
A. 
If the Official Zoning Map becomes damaged, destroyed, lost or difficult to interpret because of changes and additions, the Board of Commissioners may, by resolution, adopt a new Official Zoning Map which shall supersede the prior Official Zoning Map.
B. 
The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no such correction shall include an amendment thereof, unless the amendment has been duly advertised and adopted.
C. 
Unless the prior Official Zoning Map has been lost or has been totally destroyed, the prior map or any part or parts thereof remaining shall be preserved together with all available records pertaining to its adoption or amendment.
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
Where uncertainty exists as to boundaries of any district as shown on the Zoning Map, the following rules shall apply:
A. 
District boundary lines are intended to follow or be parallel to the center line of street rights-of-way, streams and railroads, and lot lines as they existed on a recorded deed or plan of record in the County Recorder of Deeds office at the time of the adoption of this chapter, unless such district boundary lines are fixed by dimensions as shown on the Zoning Map.
B. 
Where a district boundary is not fixed by dimensions and where it approximately follows lot lines, such boundary shall be construed to follow such lot lines unless specifically shown otherwise.
C. 
In unsubdivided land or where a district boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions, shall be determined by the use of the scale appearing on the map.
D. 
Interpretation of Boundaries. See § 27-106, Subsection 4.
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
Intent: to continue the objective of compatible land uses across municipal boundaries.
2. 
This chapter requires additional setbacks and the provision of buffer yards when certain uses would abut an existing dwelling or a residential zoning district.
3. 
These same setback and buffer yard provisions shall be provided for uses proposed within Salisbury Township if an abutting existing residence or abutting principally residential zoning district is located in an abutting municipality.
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
For the purposes of this chapter, the following abbreviations shall have the following meanings:
P
=
Permitted by right (zoning decision by the Zoning Officer)
C
=
Conditional use (decision by the Board of Commissioners after an opportunity for review by the Planning Commission)
SE
=
Special exception use (decision by the Zoning Hearing Board, with certain uses requiring review by the Planning Commission)
N
=
Not permitted
(§ 27-402)
=
See additional requirements in § 27-402 (subsections may also be listed)
(§ 27-403)
=
See additional requirements in § 27-403 (subsections may also be listed)
(SW)
=
Public sewer and public water service both required
2. 
Unless otherwise provided by law or specifically stated in this chapter (including § 27-106, Subsection 2), land or a structure shall only be used or occupied for a use specifically listed in this Part as being permitted in the respective zoning district, as listed below.[1] Any use shall only be permitted if it complies with all other requirements of this chapter. Where different requirements are stated for the same use in this chapter, the most-restrictive requirement shall apply.
[1]
Editor's Note: The tables of permitted uses by district are included as attachments to this chapter.
3. 
Permitted Accessory Uses in All Districts. The following accessory uses are permitted by right as accessory uses to a permitted-by-right, special exception or conditional principal use in all districts, within the requirements of § 27-403 and all other requirements of this chapter:
A. 
Air-conditioning equipment, other than central equipment for a commercial or industrial use.
B. 
Amateur radio antennas.
C. 
Basketball backboard, which may be within a required setback area, provided it is a minimum of two feet from any lot line of an abutting residence.
D. 
Crop storage as an accessory use to crop farming.
E. 
Day-care home, family.
F. 
Fence or wall (non-retaining type, see definition of "fence" in Part 2).
G. 
Flagpole.
H. 
Garage, household.
I. 
Garage sale.
J. 
Home gardening.
K. 
Home pet care.
L. 
Indoor storage that is accessory to a permitted use.
M. 
Keeping of pets and accessory animals as allowed by § 27-403, Subsection 4K.
N. 
Loading, off-street, only to serve a use that is permitted in that district.
O. 
Parking, off-street, only to serve a use that is permitted in that district.
P. 
Recreational facilities limited to use by employees of a lot or a development and their occasional guests.
Q. 
Recreational facilities limited to use by residents of a development and their occasional invited guests.
R. 
Recreational vehicle, storage of one or two.
S. 
Residential accessory structure (see definition in Part 2).
T. 
Satellite antennas.
U. 
Signs, as permitted by Part 7.
V. 
Swimming pool, household.
W. 
Tennis/racquetball court or volleyball court.
X. 
Such other accessory use or structure that the applicant proves to the satisfaction of the Zoning Officer is clearly customary and incidental to a permitted-by-right, special exception or conditional principal use.
Y. 
Beekeeping is permitted as an accessory use, provided it is on a noncommercial basis. Any beekeeper shall provide documentation of registration with the Department of Agriculture and compliance with the Pennsylvania Bee Law, 3 Pa.C.S.A. §§ 2101 to 2117.
4. 
Permitted Accessory Uses to Business and Institutional Uses. The following are permitted-by-right accessory uses only to a permitted-by-right, special exception or conditional commercial, industrial or institutional use, provided that all requirements of this chapter are met:
A. 
Amusement machines, coin- or token-operated.
B. 
Food, beverage and toy machines, coin-operated.
C. 
Newspaper and periodical distribution machines and boxes, which shall only be allowed on a public sidewalk where they do not obstruct pedestrian or wheelchair travel and where they do not obstruct safe sight distances near intersections and driveway entrances.
D. 
Telephones, coin-operated.
E. 
The following accessory uses, provided that the use is clearly intended to primarily serve employees, patients, residents, visitors of patients, families of employees of the use and their occasional guests:
(1) 
Cafeteria within an enclosed principal building and without any signs visible from outside of the building and without its own separate outside entrance.
(2) 
Day-care center, provided that, if such use serves more than 100 children at one time, any outside play area shall be set back a minimum of 400 feet from the lot line of an existing single-family detached dwelling.
(3) 
Noncommercial recreational facilities.
5. 
Essential Services. The following are essential services that are permitted by right as a principal use or as an accessory use in all districts:
A. 
The following essential services are not required to meet the accessory or principal setback, lot area or other lot requirements of this chapter, except that any newly created lot shall meet the applicable lot requirements if future building or subdivision of the lot would reasonably be possible for a different use:
(1) 
Oil pipelines and natural gas transmission and distribution lines and accessory compressing stations.
(2) 
Electrical transformers as an accessory use to dwellings.
(3) 
Electrical, telephone and streetlight poles.
(4) 
Electrical transmission and distribution lines and meters.
(5) 
Wells, standpipes, water transmission lines, cisterns and meters.
(6) 
Sewage pumping stations, but not including a central sewage treatment plant, provided that such use is set back a minimum of 75 feet from any dwelling or any residential lot line.
(7) 
Cable television and telephone lines.
(8) 
Stormwater pipes, outfalls, detention basins, swales, catch basins and best management practice measures.
(9) 
Shelters and benches for buses that transport school children or that are owned, operated or financed by a public transit authority, and that do not include off-premises signs, unless signs are authorized by the Township within a public right-of-way.
(10) 
United States mailboxes.
(11) 
Boxes for receiving individual newspapers.
(12) 
Railroad lines.
(13) 
Fire hydrants and emergency callboxes.
(14) 
Retaining walls that are designed/installed to hold back slopes or divert storm water.
(15) 
Sidewalks and curbs.
(16) 
Ramps primarily intended for handicapped access.
(17) 
Steps leading into the entrance of a building, provided they are not covered by a permanent roof.
(18) 
On-lot septic disposal systems. (See Pennsylvania Department of Environmental Protection setback requirements.)
(19) 
Construction. Temporary storage of vehicles and materials and/or construction office trailers that are clearly needed and being actively used for current construction during the time of an active Township construction permit on the same or an adjacent lot or within the same subdivision, provided such items are removed from the site within 30 days of completion of the portion of the construction that they relate to.
B. 
The following are permitted essential services and are required (except within § 27-115) to meet all of the applicable requirements of this chapter:
(1) 
Ground-level porches or patios that are not covered by a permanent roof, subject only to the paved area setback requirements of § 27-603, Subsection 7.
(2) 
Electrical substations and bulk industrial or commercial transformers that are not an accessory use to dwellings. Electric substations involving outdoor structures at least 10 feet in height shall be required to provide evergreen screening within the requirements of § 27-803, Subsection 2, on sides that are within 150 feet of a dwelling, undeveloped residentially zoned land or an expressway or an arterial street.
(3) 
Water towers (see height exemption in § 27-802), water filtration plants and pressure stations.
(4) 
Emergency and other electrical generators and compressors.
(5) 
Solid waste bulk dumpsters and bulk compactors.
(6) 
Telephone switching stations.
(7) 
Industrial or commercial central air-conditioning equipment.
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
For the purposes of this § 27-307, the following abbreviations shall have the following meanings:
sq. ft.
=
Square feet
ft.
=
Linear feet
SFD
=
Single-family detached dwelling
public sewer
=
Service at the time of occupancy by public sewage service as defined by Part 2
central water
=
Service at the time of occupancy by central water service as defined by Part 2
NA
=
Not applicable
2. 
The following requirements shall apply for each respective district, unless a more-restrictive requirement is listed for a particular use in § 27-402 or 27-403 or elsewhere in this chapter:
(i)
See Part 10 of this chapter for a hospital and related health care uses.
(ii)
For all districts, see exceptions in § 27-309, such as for certain decks.
(iii)
For land that is at least partly within the CR District, see also the open space development option in § 27-310.
A. 
Table of Zoning Requirements for the CR, R1 and R2 Districts is listed in 27 Attachment 4.[1]
[1]
Editor's Note: The tables of zoning requirements by district are included as attachments to this chapter.
B. 
Table of Zoning Requirements for the R3, R4 and R5 Districts, for uses other than townhouses, apartments or manufactured/mobile home parks (for those uses, see § 27-402), is listed in 27 Attachment 5.
C. 
Table of Zoning Requirements for the C1, C2, C3 and I Districts, for uses other than manufactured/mobile home parks (which are regulated by § 27-402), is listed in 27 Attachment 6.
3. 
See also additional requirements in the following sections:
A. 
Additional requirements for specific types of principal uses: § 27-402.
B. 
Additional requirements for specific types of accessory uses: § 27-403.
C. 
Off-street parking: Part 6 (including driveway/accessway and paved area setbacks in § 27-603).
D. 
Signs: Part 7.
E. 
Bufferyards: § 27-803, Subsection 2.
F. 
Environmental protection: Part 5.
G. 
Temporary structures: § 27-807.
H. 
Site plan review for certain uses: § 27-118.
I. 
Outdoor storage and display as an accessory use: § 27-403.
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
In General.
A. 
No lot, structure or use shall be created or developed in such a way that it would result in another lot, building or use not being able to meet the requirements of this chapter. This includes, but is not limited to, setback areas, nonimpervious areas and off-street parking areas.
B. 
Emergency Access. All uses and structures shall have adequate provisions for access by emergency vehicles.
C. 
Setbacks Not Applicable. See exemptions for certain structures in § 27-306.
D. 
Accuracy. The applicant is responsible to make sure that all measurements submitted to the Township are accurate.
2. 
Exceptions to Minimum Lot Areas, Lot Widths and Yards.
A. 
Nonconforming Lots. See § 27-806.
B. 
Through Lots. A through shall have one front yard, one second front yard, and two side yards. See definition of "lot line" for further information regarding each yard.
C. 
Reverse-Frontage Lots. A reverse-frontage lot shall have one front yard, one rear yard, and two side yards. The yard adjacent to the street with no access shall be considered the rear yard. This yard shall conform with the clearly prevailing yard pattern on numerous existing developed adjoining lots fronting on the same street. See definition of "lot line" for further information regarding each yard.
D. 
Corner Lots.
(1) 
A setback area equal to the minimum front yard setback shall be provided along both the front lot line and the second front line, except:
(a) 
Where the applicant proves to the satisfaction of the Zoning Officer that the provision of a smaller setback or a different yard for a residential building will conform with the clearly prevailing yard pattern on numerous existing developed adjoining lots fronting on the same street; or
(2) 
A corner lot shall have one front yard, one second front yard, one side yard, and one rear yard. See definition of "lot line" for further information regarding each yard.
E. 
Triangular Lots. A three-sided lot shall have one front yard, one side yard and one rear unless it is a corner lot in which case it shall have one front yard, one second front yard, and one side yard. See definition of "lot line" for further information regarding each yard.
F. 
Projections Into Required Yards. The following features may project into required yards:
(1) 
Patios, porches and decks that:
(a) 
May or may not be covered by a structural roof;
(b) 
Are not enclosed and do not have walls of mostly solid material, glass or plastic;
(c) 
Are not closer than five feet to any side or rear lot line (except zero feet is allowed along a shared lot line of attached dwellings) and do not intrude more than 10 feet into a required front yard;
(d) 
Are not raised more than six feet above the surrounding average ground level; and
(e) 
Do not obstruct the required sight line.
(2) 
Routinely projecting architectural features, such as bay windows, cornices, eaves, fireplaces, chimneys, fire escapes or windowsills which do not project more than five feet into any required yard, or closer than five feet to any adjacent lot line of a single-family detached dwelling, whichever is more restrictive.
(3) 
Stairs and landings that are not within enclosed walls, provided such stairs or landings do not exceed six feet in height.
(4) 
Open balconies, provided no supporting enclosed walls are located within the required yard, the balconies do not project more than five feet into any required yard nor closer than five feet to any adjacent lot line of a single-family detached dwelling, whichever is more restrictive, and do not exceed six feet above grade.
(5) 
See also Symbol* under the dimensional requirements for the R4 and R5 Districts in § 27-307, Subsection 2B, which allows certain reduced setbacks for additions to existing single-family detached dwellings.
G. 
Patios and decks which are not covered, are not enclosed and do not have walls of mostly solid material, glass or plastic, may project up to 10 feet or 1/3 of the width into the second front yard of a corner lot, which provides the greater relief.
H. 
Previously Approved Setbacks. Where a subdivision or land development was granted final approval prior to the adoption of this chapter and the lawful setbacks in effect at such time are shown on the approved plans, at the option of the developer, those approved setbacks may apply in place of any revised setbacks in this chapter.
I. 
Front Yard Exceptions. When an unimproved residential lot is situated between two or more lots with principal buildings with principal building front yard setbacks with less depth than required in that district, the minimum front yard shall be reduced to the depth of such abutting improved lot that has the largest depth.
J. 
Special Building Setback Lines Established. On the following streets, the depth of the required front yard shall be measured from the following additional setback from the center line of the street right-of-way as specified below, instead of from the street right-of-way line, unless measurement from the required street right-of-way line would be more restrictive. However, the setback required by this § 27-308, Subsection 2J, may be reduced so that the principal building would not be required to maintain a front yard setback more than 10 feet greater than the setback permitted by § 27-308, Subsection 2I, if such section is applicable.
Street
Additional Setback from the Center Line of the Right-of-Way
(feet)
Black River Road
30
Cardinal Road
30
Cedar Crest Boulevard (south of I-78)
60
Chapel Avenue (south of Emmaus Avenue)
25
Church Road
30
Constitution Drive
30
Country Club Road
30
Devonshire Road
25
East and West Rock Roads
30
East Texas Boulevard
40
Fairview Road
25
Fish Hatchery Road
30
Honeysuckle Road
30
Keystone Drive
30
Lindberg Avenue
30
Oxford Drive
30
Public Road
30
Second Street
30
Seidersville Road
30
South Albert Street
40
South Pike Avenue/PA Rt. 145
50
Susquehanna Street
30
[Amended by Ord. No. 01-2022-647, 1/27/2022]
1. 
This section allows an applicant the option to reduce the minimum lot areas on tracts that are at least partly within the CR District if the development would meet all of the following requirements:
A. 
Option for Tracts Entirely Within CR. The following requirements shall apply to a tract of more than six acres that is entirely within the CR District, in addition to the other requirements of this subsection:
(1) 
The "net buildable site area" as provided in § 27-308 shall be divided by 1.5 acres to determine the number of allowed dwelling units. Each dwelling unit that has a construction area of less than 15% shall have a minimum lot area of 1.5 acres.
(2) 
A minimum of 45% of the total tract shall be dedicated as common open space within the requirements of this subsection.
(3) 
No new construction area shall include slopes of greater than 15% slope, except for areas exempted by § 27-505, Subsection 4.
B. 
Option for a Tract That Includes Land in Both the CR District and an Abutting R3 District With a Total Tract Area of 25 Acres or More.
(1) 
This option provides certain modifications to requirements when a tract includes land in both the CR District and an abutting R3 District and has a total area of all abutting lots in common ownership within the tract of 25 acres of more, and if the development proposes townhouses within the R3 portion of the tract.
(2) 
See the R3 District regulations in §§ 27-306, 27-307 and 27-402, which allow various housing types, including townhouses. If this option is utilized, the minimum net buildable site area per townhouse in § 27-402 shall be reduced to 6,000 square feet.
(3) 
A minimum of 75% of the total land area of the tract shall be dedicated for permanent common open space purposes.
(4) 
No buildings shall be located within the CR District on land greater than 25% slope, except for areas exempted by § 27-505, Subsection 4.
(5) 
Any permitted townhouses shall be set back a minimum of 100 feet from:
(a) 
The existing right-of-way of any arterial street; and
(b) 
The lot lines of any existing single-family detached dwellings.
(6) 
Within a tract of land, the common open space may be dedicated by the owner of record at the same time as or prior to preliminary or final subdivision approval of the remaining area for development, while the remaining area for development may be sold to and developed by a different owner or equitable owner.
(7) 
All dwellings shall be served by both public water and public sewer service.
(8) 
The minimum tract area shall be 25 acres.
(9) 
Any townhouse or parking area for five or more vehicles that is within 200 feet of and visible from a preexisting single-family detached dwelling shall be separated from such preexisting dwelling by a variety of evergreen and deciduous plants that can reasonably be expected to form a solid visual screen within five years from planting.
C. 
Land that was previously protected by a conservation easement shall not be used to meet a requirement of this section.
D. 
Tract Area. For the purposes of this section, the term "total area of the tract" shall mean the total lot area or the total lot area of contiguous lots in common ownership, but not including areas within the existing and future rights-of-way of existing streets, but including the right-of-way of any new streets proposed within the tract.
E. 
This open space option shall not apply to land within nonresidential zoning districts.
F. 
Common open space used to meet the requirements of this subsection shall meet all of the following requirements:
(1) 
Such land shall be dedicated to one of the following: the County of Lehigh, Salisbury Township, a homeowners' association, or an established nature conservation organization acceptable to the Board of Commissioners. The Township shall be given right of first refusal.
(2) 
The county, Township or such nature organization, as applicable, shall agree in writing to accept such dedication and maintain such land as open space open to the general public. If no such entity agrees to accept such dedication, and if the Township Board of Commissioners does not accept ownership by a homeowners' association, such open space option shall not be permitted.
(3) 
Such open space shall be permanently deed-restricted to noncommercial public recreational and open space uses, except for lands permitted by this section to be used for municipal uses.
(4) 
The applicant shall show that part of the required open space would also meet all of the requirements for recreation land under the Subdivision and Land Development Ordinance (Chapter 22).
(5) 
Stormwater detention basins shall not count towards this open space, unless the applicant proves to the satisfaction of the Board of Commissioners at the time of subdivision or land development approval that such area would clearly serve a recreation or scenic open space purpose.
(6) 
Such open space shall meet one of the following two requirements:
(a) 
Have pedestrian access a minimum of 20 feet in width to a public street or a private street to which the public is permanently granted access and be a minimum of three contiguous acres in area; or
(b) 
Directly abut an existing common open space area such that the total abutting open space will be at least three acres in area.
(7) 
Any homeowners' association agreement shall be subject to review by the Township Solicitor to ensure it includes proper procedures for maintenance of any land or facilities that are to be owned or maintained by such entity. The Board of Commissioners may require reasonable adjustments to such agreement based upon such review. The provisions of Section 705(f)(1) and (2) of the Pennsylvania MPC, as amended, 53 P.S. § 10705(f), or such successor sections, shall serve as a general guide for such agreement.
[Added by Ord. No. 07-2022-652, 7/14/2022]
1. 
For purposes of this § 27-310, the following definitions shall apply:
AGE-RESTRICTED COMMUNITY
A residential development where at least one resident of a dwelling unit shall be 55 years or older and no person under the age of 18 shall occupy a dwelling unit for more than three months in a calendar year. This age occupancy restriction shall be recorded in a declaration against the property in perpetuity.
CLUSTER HOUSING OPEN SPACE
A lot of land designed, intended, and suitable for active or passive recreation by residents of the development or the general public, which meets all of the requirements stated within § 27-310 for cluster housing development option.
DWELLING LOT
A lot created by the subdivision process for the development of a single dwelling unit.
OPEN SPACE LOT
A lot created by the subdivision process for the allocation of cluster housing open space. The lot may include other common areas, including, but not limited to, private roadways, but the calculation of this area shall take into account the requirements and restrictions stated in this section (§ 27-310).
2. 
The cluster housing development option is permitted within the CR, R1, and R2 Zoning Districts.
3. 
The election to develop property as a cluster housing development is voluntary and provided to developers and property owners as an alternative to development of property as a conventional subdivision pursuant to the provisions of the underlying zoning district. The use of this development option must be stated on the development plans to be recorded.
4. 
All dwelling lots must be owned in fee. Condominium ownership is not permitted.
5. 
Only one dwelling unit is permitted on each lot. A deed restriction shall be placed on the lot of each dwelling unit permanently restricting the property from being converted to increase its number of dwelling units or add an accessory apartment.
6. 
All dwelling lots shall be serviced by a public or community sewer system. Individual on-lot septic systems are not permitted.
7. 
All interior cartways shall be owned and maintained commonly through a homeowners' association or similar mechanism. All cartways shall be developed per Township standards.
8. 
Cluster housing open space shall be either owned and maintained commonly by the developer, through a homeowners' association or similar mechanism, or dedicated to either a government entity or an established nature conservation organization acceptable to the Board of Commissioners. Salisbury Township shall be given right of first refusal if community space is to be dedicated. All dedications must be accepted in writing at the time of recording the final plan. If a dedication is not accepted, the cluster housing open space shall be owned and maintained through a homeowners' association or similar mechanism.
9. 
As a prerequisite to recording of any final plan, the developer shall record a declaration against the entire tract regarding the age occupancy restriction (if applicable) and protecting designated cluster housing open space. If age occupancy restrictions exist, each dwelling lot shall also be encumbered with a deed restriction stating such.
10. 
An overall development plan must be submitted as a whole for the entire tract. The development may be constructed in phases, but approval must be given as a whole. Revisions to the subdivision plan will be analyzed against the entire tract and subdivision as a whole and not against the individual phase of development.
11. 
Minimum required tract size: five acres.
12. 
Minimum number of proposed dwelling lots: 10.
13. 
All developments considered to be an age-restricted community shall consist of single-family detached dwellings and/or twin dwellings. Each dwelling lot must meet all requirements of a lot with public water and public sewer located within the R4/R5 Zoning District as regulated by § 27-307, Subsection 2B (27 Attachment 5[1]).
[1]
Editor's Note: 27 Attachment 5 is included as an attachment to this chapter.
14. 
All developments not considered to be an age-restricted community shall consist of single-family detached dwellings. Each dwelling lot must meet all requirements of a lot with public water and public sewer located within the R3 Zoning District as regulated by § 27-307, Subsection 2B (27 Attachment 5).
15. 
For each single-family detached dwelling lot proposed, the equivalent of the difference between the proposed lot size and the required lot size for a single-family detached dwelling with public water and public sewer within the underlying zoning district shall be included in the development's required cluster housing open space area.
16. 
For each twin dwelling lot proposed, the equivalent of the difference between the proposed lot size and 80% of the required lot size for a single-family detached dwelling with public water and public sewer within the underlying zoning district shall be included in the development's required cluster housing open space area.
17. 
For every 10 proposed dwelling lots, one additional dwelling lot may be added without the requirement of additional cluster housing open space.
18. 
Driveways are exempt from the setback requirements as stated in § 27-307, Subsection 2B (27 Attachment 5), and may be located along a property line. Accessways and shared driveways are encouraged to decrease the impervious surface coverage.
19. 
Dwelling lots are not required to have frontage along a public street and may be clustered around a private roadway, accessway, or cluster housing open space, provided that all buildings shall meet building code requirements in terms of location for fire safety. All private roadways, accessways, and cluster housing open space must have a recorded maintenance agreement in place in order to maintain the clear path required by these regulations.
20. 
Cluster housing open space shall be designed, intended, and suitable for active or passive recreation by the residents of the development and/or the general public. Cluster housing open space may include:
A. 
Community center building(s) and accessory structures;
B. 
Community recreation area(s), including, but not limited to, tennis courts, basketball courts, pickle balls courts, roller rinks, walking trails, playgrounds, horseback riding trails, golf courses, and swimming pools;
C. 
Common parking areas and interior walkways;
D. 
Undeveloped open space;
E. 
Conservation of land in its natural state;
F. 
Agriculture, horticulture, silviculture, or pasture uses;
G. 
Steeply sloped land;
H. 
Special flood hazard areas;
I. 
Wetlands;
J. 
Easements for drainage, access, sewer or water lines, or other public utilities, provided the ground is landscaped and public access in the area is permitted. If an easement area is to be restricted with a fence or similar barrier, it shall not be considered in the calculation for cluster housing open space.
21. 
Area Excluded in Calculation.
A. 
The calculation of the area for cluster housing open space shall not include:
(1) 
Roadways: The area to be excluded shall be measured from five feet back from the edge of the cartway;
(2) 
Easements for drainage, access, sewer or water lines, or other public utilities which have restricted public access: The area to be excluded shall be measured with a five-foot setback around the restricted area;
(3) 
Land that was previously protected by a conservation easement or is similarly restricted;
(4) 
Land within the boundaries of a dwelling lot;
(5) 
Community sewer system facilities: The area to be excluded shall either be measured with a five-foot setback around all improvements associated with the community sewer system facility or within a fenced enclosure for the facility, whichever is greater.
B. 
These areas may be included within an open space lot but their areas must be excluded from the overall area calculation of the open space lot and when calculating approved ratios in § 27-310, Subsections 22 and 23.
22. 
Cluster housing open space shall have a maximum building coverage ratio of 5% and a maximum impervious coverage ratio of 25%. The cluster housing open Space coverage ratios shall be calculated as a whole for the community and not per individual open space lot, if the cluster housing open space is to be divided into lots.
23. 
Cluster housing open space shall have a maximum of 25% of its total area identified as wetlands, steep slopes (over 15%), and special flood hazard areas. The cluster housing open space ratios shall be calculated as a whole for the community, and not per individual open space lot, if the cluster housing open space is to be divided into lots.
24. 
A deed restriction shall be placed on each lot permanently restricting its further subdivision.
25. 
All buildings and accessory structures (including swimming pools and paved recreation courts) within the cluster housing open space shall be set back a minimum of 50 feet from all property lines of the original tract and 25 feet from the lot lines of all dwelling lots to be created within the cluster housing development.
26. 
All buildings and accessory structures (including swimming pools and paved recreation courts) within the cluster housing open space shall be set back a minimum of 25 feet from all newly created edges of cartways.
27. 
A recreation fee, as established by the Board of Commissioners on the Salisbury Township Fee Schedule, shall be paid by the developer for each dwelling lot within the cluster housing development. A variance and/or waiver to this requirement shall not be permitted.
28. 
Cluster housing open space shall not be bound by the restrictions and requirements of common open space within § 22-1017 of the Salisbury Township Subdivision and Land Development Ordinance.
29. 
Each open space lot shall be a contiguous tract with a minimum lot size of at least one acre.
30. 
Unless stated differently within this section (§ 27-310), all requirements of another section of this chapter or the Salisbury Township Subdivision and Land Development Ordinance (Chapter 22) shall apply to the cluster housing development.