In interpreting this chapter, the present tense includes the
future; the singular number includes the plural and the plural the
singular; the word "building" includes the word "structure" and shall
be construed as if followed by the words "or part thereof"; the word
"occupy" includes the words "designed" or "intended to be occupied";
the word "person" includes any "natural persons," "copartnership,"
"firm," "association" or "corporation"; the word "use" includes the
words "arranged," "designed" or "intended to be used"; and the word
"shall" is always intended to be mandatory when capable of such interpretation.
Words and terms used in this chapter shall have the meanings
given in this article. Unless expressly stated otherwise, any pertinent
word or term not a part of this listing, but vital to the interpretation
of this chapter, shall be construed to have its legal definition as
appears in the Pennsylvania Municipalities Planning Code, as amended,[1] or in absence of a legal definition, its meaning as commonly
accepted by practitioners, including civil engineers, surveyors, architects,
landscape architects and planners.
A piece of land which provides physical access to and legal
road frontage for a lot, but which does not comply with the minimum
lot width regulations of this chapter. Access strips provide access
to "flag," "rear," "landlocked," or "interior" lots. The area of an
access strip shall not be included in the minimum lot area under the
provisions of this chapter.
A detached building or structure subordinate to the principal
building on the lot and used for purposes customarily incidental to
those of the principal building.
A use subordinate to the principal use or building or other
structure on a lot and customarily incidental to the principal use.
Includes the following:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines, films for sale or viewing on premises by use of motion-picture devices or any other coin-operated means and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
ADULT MOTION-PICTURE THEATERAn enclosed building used regularly and routinely for presenting material having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
ADULT ENTERTAINMENT CABARETA public or private establishment which is licensed to serve food and/or alcoholic beverages, which features topless dancers, strippers, male or female impersonators or similar entertainers.
MASSAGE PARLORSAny place of business where any person, partnership, firm, association or corporation engages in or carries on or permits to be engaged in or carried on any method of pressure on, friction against or stroking, kneading, rubbing, tapping, pounding, vibrating, stimulating parts of the body with the hands or with the aid of any mechanical apparatus or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, oil or other such item.
OTHER ADULT USESAny business, activity or use similar to or of the same general nature as the uses listed above. This section shall include but shall not be limited to rap centers, nude wrestling studios, sensitivity centers and escort bureaus, all of which exclude minors by virtue of age as patrons thereof.
SPECIFIED SEXUAL ACTIVITIESShall include:
SPECIFIED ANATOMICAL AREASShall include:
The cultivating of the soil and the raising and harvesting
of the products of the soil, including, but not by way of limitation,
nursery, horticulture and forestry.
A public or privately owned right-of-way on which no new
dwellings, stores or other principal buildings are intended to front,
serving as the secondary means of access to two or more properties.
A designated parcel, tract, or area of land lawfully recorded
by the Montgomery County Board of Assessment Office and Recorder of
Deeds Office that does not have frontage on a street but does have
frontage on an alley.
Any change in existing facilities, structural parts or mechanical
equipment which does not increase the cubic content of a building.
Satisfaction derived from ownership or occupancy, or both,
of a property because of qualities of excellence which characterize
the property and its surroundings. In appraising, the term is most
frequently used in connection with considerations relating to properties
which typically are strongly appealing to prospective buyers for owner
occupancy.
Passed upon as satisfactory by the authority designated by
law to give approval to the matter in question.
A building story partly below and partly above grade, having
at least 1/2 its height above grade, when measured in compliance with
the definition of "story." (Also, see "cellar.")
Any enlargement of a building, whether by existing on any
side or by increasing in height, any change in the use or classification
of a principal building or the moving of a building from one location
to another.
A tract of land, being a lot or a group of lots, bounded
by streets, public parks, railroad rights-of-way, watercourses, boundary
lines of the Borough or by any combination thereof on all sides.
The duly elected governing body of the Borough of East Greenville
in the County of Montgomery and Commonwealth of Pennsylvania.
An area designed and functioning to separate the elements
and uses of land which abut it and to ease the transition between
them. Unless otherwise specified, "buffer" may be included as part
of the required setbacks and yard areas.
Any structure, whether built conventionally or in a manner
generally referred to as "mobile," "modular" or "manufactured," and
having enclosed walls and roof, permanently located on the land, the
ordinary use of which requires people to enter the structure. (See
"accessory building" and "principal building.")
The aggregate of the maximum horizontal cross-section areas
of all buildings on a lot, taken at their greatest outside dimensions
on the ground floor, including all attached structures, except steps
and terraces at a lower plane or planes than the majority of the first
floor area of the principal building. (Cornices, eaves and gutters
are excluded, while porches, breezeways and carports are included.)
The area of a lot within which a principal building may be
erected. This area is defined by the limits of the minimum front,
side, and rear yard areas, and encompasses the area of the lot not
found in the yard areas, legal rights-of-way, or other areas defined
in the Zoning Ordinance.
The line parallel to the street line at a distance therefrom
equal to the depth of the front yard required for the district in
which the lot is located, provided that in the case of a lot where
the side lines are not parallel, the building line shall be at that
point where minimum lot width first coincides with the required lot
width, but in no case closer to the street line than the required
front yard.
A building subordinate to the principal building on the same
lot therewith and used for purposes customarily incidental to those
of the principal building.
A building in which is conducted the principal use of the
lot on which it is located.
A building story partly below and partly above grade, having
at least 1/2 its height below grade, when measured in compliance with
the definition of "story." (Also, see "basement.")
Provision made for traffic within or through buildings, outside
areas and communities.
A building designed and constructed specifically to house a civic or institutional use and that has been used, at some point in time, for civic or institutional use. Civic or institutional buildings for purposes of this chapter shall be limited to those specifically identified in § 95-116 as the same may be amended from time to time.
A use serving a municipal or community function, such as
a school, Borough hall, place of worship, emergency service station,
library, or museum.
A principal building used for the meeting place of an organized
group of citizens, such as a veterans organization, fraternal organization,
business organization, service organization and the like, in which
activities are limited to members of the organization and their guests
and which may also provide living quarters for caretakers and transient
quarters for members; also includes fraternity house, lodge and residential
club.
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 or enjoyment of residents of the development, not including
streets, off-street parking areas and areas set aside for public facilities.
Common open space shall be substantially free of structures but may
contain such improvements as are in the development plan as finally
approved and as are appropriate for the recreation of residents.
A political subdivision, or a body of persons having common
interests and privileges, living in the same locality.
The act of bringing to a condition of physical completeness
and readiness for use and occupancy.
The Upper Perkiomen Valley Regional Comprehensive Plan and
amendments thereto, including maps, charts and/or descriptive matter
officially adopted by the Borough Council, indicating recommendations
for the continuing development of the Borough and including all elements
required by the Pennsylvania Municipalities Planning Code (Act 247).[2]
A form of permitted use, authorized by this chapter and by
Section 603(c)(2) of the Municipalities Planning Code, under the jurisdiction
of the Borough Council. The Borough Council is empowered to grant
permission for conditional uses, consistent with the public interest,
in compliance with the standards and procedures established in this
chapter, following thorough examination of the proposal and hearing
and under any reasonable safeguards necessary to implement the purposes
and intent of this chapter and to protect the general welfare.
Real estate, portions of which are designated for separate
ownership and the remainder of which is designated for common ownership
solely by the owners of those portions, created under the Pennsylvania
Unit Property Act of July 3, 1963, or the Pennsylvania Uniform Condominium
Act, 68 Pa.C.S.A. § 3301 et seq., as amended from time to
time.
The construction, reconstruction, renovation, repair, extension,
expansion, alteration, or relocation of a building or structure, including
the placement of mobile homes, as well as the placement of prefabricated
or premanufactured structures.
The remodeling or alteration of a structure so as to accommodate
more apartment units (or dwelling units) than were originally intended.
Conversion would then include the alteration of a nonresidential structure
into a dwelling unit for at least one family; the modification of
a single-family structure so as to accommodate two or more dwelling
units; and the alteration of a multifamily structure so as to accommodate
more units than originally intended.
An open, unoccupied space bounded on two or more sides by
the exterior walls of a building or by exterior walls or lot lines.
INNER COURTA court enclosed on all sides by exterior walls of a building or exterior walls and lot lines on which walls are allowable.
OUTER COURTA court enclosed on not more than three sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
A minor street with entrance and exit at the same end.
The elevation of the top of a curb at a given point with
a reference to a designated datum.
A line formed by the face of the existing curb or, in its
absence, the outer edge of the shoulder along which a curb would be
otherwise located.
A written instrument whereby an estate in real property is
conveyed by a grantor to a grantee.
A restriction on the use of a property in a deed.
A deed in which, either expressly or by implication, the
grantor guarantees that the title which he undertakes to transfer
has not been previously conveyed by him or her and is free from defects
and that the property is unencumbered except as stated and, for himself
or herself and heirs, agrees to defend and protect the grantee against
any loss which may be suffered by reason of the existence of any other
title or interest in the property existing at the time the deed was
executed and not excepted therein.
Any act or process that destroys or removes 51% or more of
the exterior walls of a structure, improvement, or object.
The absence of routine maintenance and repair which can lead
to a building's or structure's structural weakness, decay
and deterioration resulting in its demolition.
The number of units (persons, families or dwellings) per
acre or square mile.
The Department of Health of the Commonwealth of Pennsylvania
or any agency or successor thereto.
The developable acreage shall equal the gross acreage minus
the following:
All land contained within the existing, legal rights-of-way
of all roads abutting or running through the land proposed for subdivision
or land development.
All slopes of 15% or greater.
All wetlands, 100-year floodplains and alluvial soils as defined
by the Soil Survey of Montgomery County of 1967.
Any landowner, agent of such landowner or tenant with the
permission of such landowner who makes or causes to be made a subdivision
of land or a land development.
The provisions for development, including a planned residential
development, a plat of subdivision, all covenants relating to use,
location and bulk buildings and other structures, intensity of use
or density of development streets, ways and parking facilities, common
open space and public facilities. The phrase "provisions of the development
plan" shall mean the written and graphic materials referred to in
this definition.
SINGLE-FAMILY ATTACHED DWELLING (TOWNHOUSE)A townhouse or row house is a single-family attached or semidetached (in the case of end units) dwelling within a multi-dwelling building, consisting of at least three but no more than eight such dwelling units, with each unit occupying the total space from ground to roof, and joined to each other by not more than two vertical, common party walls, which also serve as the lot line dividing the properties. Townhouses may be one-, two-, or three-level dwelling units, provided they do not exceed the district height limitation.
SINGLE-FAMILY DETACHED DWELLINGA dwelling unit designed and used exclusively as the residence for only one family unit that is the only dwelling unit located on the parcel it is situated on and that is not attached to any other structures or dwelling units, except accessory structures permitted in this chapter.
SINGLE-FAMILY SEMIDETACHED (TWIN)A dwelling unit in which one side wall is a party wall in common with a neighboring dwelling unit designed so that the vertical party wall separates two families, and acts as the lot line dividing the properties, but it is otherwise surrounded by required yard areas.
TWO-FAMILY DETACHED DWELLING (DUPLEX)A building having two separate dwelling units, one over the other or side-by-side, so that each unit shares one and only one common partition. Both dwelling units are located on a single parcel and are under common ownership.
MOBILE HOMEA single-family detached dwelling intended for permanent occupancy, which may not meet local building codes but does meet the standards of the United States Department of Housing and Urban Development, as indicated by the Structural Engineering Bulletin(s) provided to the Borough Council by the applicant. It shall be contained in one unit (called a "single-wide") or in two or more units designed to be joined into one integral unit capable of again being separated for repeated towing (called a "double-wide"), 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, including any roofed addition such as extra rooms, covered patios, porches, etc.
MOBILE HOME PARKA parcel or contiguous parcels of land which has been so designated and improved that it contains two or more lots, improved with the necessary utility connections and other appurtenances necessary for the placement thereon of mobile homes.
MULTIFAMILY DEVELOPMENTA multifamily residential development is a detached, residential building containing at least three permanent dwelling units in a variety of combinations, including side-by-side, over and under, or back-to-back with another dwelling unit.
One or more rooms with cooking and sanitary facilities provided
solely for the living purposes of one family.
A vested or acquired right to use land other than as a tenant,
for a specific purpose, such right being held by someone other than
the owner who holds title to the land.
An assemblage of equipment for purposes other than generation
or utilization, through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the needs of the general public, provided that in residential districts
an electric substation shall not include rotating equipment, storage
of materials, trucks or repair facilities, housing or repair crews,
offices or places of business.
Any number of individuals living together as a single housekeeping
unit and doing their cooking on the premises, when said individuals
are related by blood, marriage or adoption, including any number of
foster children under the care of the same; or no more than five unrelated
individuals living together as a single, nonprofit housekeeping unit
and doing their cooking on the premises, except when an application
for a special exception to enable a greater number of unrelated individuals
to occupy a dwelling unit is reviewed and approved by the Zoning Hearing
Board, as provided for in this chapter. (This definition shall not
apply to the occupants of a club, fraternity house, lodge, residential
club, boardinghouse, group home or rooming house.)
See Article XVII, Floodplain Conservation District.
The floor area within the perimeter of the outside walls
of the building under consideration, without deduction for hallways,
stairs, closets, thickness of walls, columns or other features.
That side of a lot abutting on a street or right-of-way and
ordinarily regarded as the front of the lot.
PRIVATEAn accessory building or a 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.
PUBLICA building, other than a private or storage garage, one or more stories in height, used solely for the commercial storage, service or repair of motor vehicles.
STORAGEA building, not a private or public garage, one story in height, used solely for the storage of motor vehicles (other than trucks), but not for the service or repair thereof nor for the sale of fuel, accessories or supplies.
A residential facility used as living quarters by any number
of unrelated persons requiring special care and their attendant adult
supervisors, specifically designed to create a residential setting
for the mentally and physically handicapped (as a permitted use) or
for other similar uses (as a special exception). The individuals may
be either transient or permanent residents. Any number of handicapped
persons, as defined in Title VIII of the Civil Rights Act of 1968,
as amended by the Fair Housing Amendments Act of 1988, have the right
to occupy a dwelling unit in the same manner and to the same extent
as any family unit.
A building's vertical measurement from the mean level of ground surrounding the building to a point midway between the highest and lowest points of the roof, provided that chimneys, spires, towers, elevator penthouses, antennas, tanks and similar projections shall comply with the provisions of § 95-159 of this chapter.
A business or commercial activity administered or conducted
as an accessory use which is clearly secondary to the use as a residential
dwelling and which involves no customer, client or patient traffic,
whether vehicular or pedestrian, pickup, delivery or removal functions
to or from the premises, in excess of those normally associated with
residential use.
The land area covered by buildings and paved surfaces which
do not permit water to penetrate into the soil. Buildings, parking,
driveways, walks, courts, pools (swimming and ornamental) and patios
are included unless constructed of pervious or porous materials, as
determined by the Borough.
A structure or public utility or any other installation or
physical change made in a property with a view to increasing its value,
utility or beauty.
A lot, land or structure or part thereof used primarily for
the collection, storage and sale of wastepaper, rags, scrap metal
or discarded material or for the collection, dismantling, storage
and salvaging of machinery or vehicles not in running condition and
for the sale of parts thereof.
The improvement of one lot or two or more contiguous lots,
tracts, or parcels of land for any purpose involving:
A group of two or more residential or nonresidential buildings,
whether proposed initially or cumulatively, or a single nonresidential
building on a lot or lots regardless of the number of occupants or
tenure; or
The division or allocation of land or space, whether initially
or cumulatively, between or among two or more existing or prospective
occupants by means of or for the purpose of streets, common areas,
leaseholds, condominiums, building groups or other features.
A subdivision of land.
The conversion of an existing single-family detached dwelling
or single-family semidetached dwelling into not more than three residential
units, unless such units are intended to be a condominium.
The addition of buildings or rides within an amusement park.
The addition of a building accessory to a principal nonresidential
building.
The addition of a building accessory to a principal residential
building shall be excluded from the definition of "land development."
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 they
are authorized under the lease to exercise the rights of the landowner,
or other persons having a proprietary interest in land.
A part of the earth's surface or the view of a portion
of land or land and water as seen from any given point.
The alteration of existing ground conditions together with
construction and development of ground features, including minor structures.
The gross floor area of any dwelling unit, providing there
exists a minimum ceiling height of seven feet six inches, and exclusive
of garages, basements and attics unless finished and available for
human habitation as opposed to the mere storage of goods and materials.
A space, accessible from a street or way, in a building or
a lot, for the temporary use of the vehicles while loading or unloading
merchandise or materials.
A designated parcel, tract or area of land held by a landowner
and/or intended for use, development, lease, or transfer of ownership
and for which a deed description is recorded or is intended to be
recorded at the office of the Recorder of Deeds for Montgomery County.
The area of land contained with the property lines of a parcel,
tract or lot as described in the deed or as shown on an approved subdivision
plan.
The gross lot area, excluding the following areas:
Any area within the street ultimate right-of-way; or within
any other ultimate right-of-way, whether public or private, that provides,
or is intended to provide, access to more than one lot by way of vehicular
and/or pedestrian circulation.
Any area, easement or right-of-way to be used for emergency
access, drives or fire lanes.
The net lot area shall be used to determine the area, bulk,
coverage, dimensional, and density requirements.
The distance measured between lot lines, other than the front
and rear lot lines, at the minimum front yard setback line.
A lot having contiguous frontage on two or more intersecting
roads. The yard setback for each road frontage shall be the front
yard setback for the district in which the lot is located. One of
the other two sides shall have a rear yard setback and the other shall
be the side yard.
A lot which conforms in all respects to the dimensional requirements
of the zoning district in which it is located, except that the only
road frontage and access is limited to an access strip.
A designated parcel, tract, or area of land lawfully assigned
a separate tax parcel identification number by the Montgomery County
Board of Assessment Office that does not have frontage on a street
or alley.
Marijuana for certified medical use as set forth in the Medical
Marijuana Act.
The Pennsylvania Medical Marijuana Act, Act 16 of 2016, 35
P.S. § 10231.101 et seq.
A person, including a natural person, corporation, partnership,
association, trust, or other entity or any combination thereof which
holds a permit issued by the Pennsylvania Department of Health to
dispense medical marijuana. The term includes the facility from which
medical marijuana is dispensed. The term does not include a health
care medical marijuana organization under Chapter 19 of the Medical
Marijuana Act.
A person, including a natural person, corporation, partnership,
association, trust, or other entity or any combination thereof which
holds a permit from the Department of Health to grow and process medical
marijuana. The term includes the facilities in which medical marijuana
is grown and processed. The term does not include a health care medical
marijuana organization under Chapter 19 of the Medical Marijuana Act.
A parcel of land in a mobile home park, improved with the
necessary utility connections and other appurtenances necessary for
the installation of a single mobile home.
Any existing lawful building or structure that does not conform
to the height, location, size, bulk, building or impervious coverage
or other dimensional requirements of the district in which it is located.
This does not include signs.
Any existing lawful lot which does not conform to the applicable
dimensional regulations, including area, depth, and/or width requirements
for lots in the district in which it is located.
A lot, building, structure or use which lawfully existed
on the date of passage of this chapter; or which lawfully existed
on the date of passage of a text or map amendment to this chapter,
which amendment caused the nonconforming status.
The existing lawful use of land and/or buildings and/or structures
upon the land which does not conform to any of the permitted uses
of the district in which it is located.
A public or privately owned right-of-way that is designated
on the Borough's official map or in the Montgomery County Board
of Assessment's official record, on which no new dwellings, stores
or other principal buildings are intended to front, serving as the
secondary means of access to two or more properties, but that has
not yet been constructed. The depicted right-of-way is intended to
be built to a width of less than 25 feet.
A public or privately owned right-of-way that is designated
on the Borough's official map or in the Montgomery County Board
of Assessment's official record, that is intended to serve as
a means of vehicular and pedestrian travel and furnish access to abutting
properties and space for sewers and public utilities, but has not
yet been constructed. The depicted right-of-way is intended to be
built to a width of 25 feet or greater.
Any area which is used for the storage of motor or other
vehicles. The terms "parking lot," "parking area," and "parking" are
interchangeable. "Parking" includes the driveway which provides direct
access to the parking spaces.
A reasonably level space, with a width of not less than 10
feet and having an area of not less than 200 square feet, available
for the parking of one motor vehicle, exclusive of passageways, driveways
or other means of circulation or access, and in compliance with the
provisions of the East Greenville Borough Subdivision and Land Development
Ordinance.[3]
A parking space surfaced with impervious paving or, at the
discretion of the Borough Council, on application of the property
owner or Borough Zoning Officer and upon recommendation of the Planning
Commission, for valid reason, some other surfacing material. (See
"porous paving.")
Measures and standards by which the suitability of a proposed
use can be measured by the extent of its external effect.
Any suitable paving material that permits full or partial
absorption of stormwater into the underlying soil layer. For specifications,
see the East Greenville Subdivision and Land Development Ordinance.[4]
A building which is considered the principal use of the lot
on which it is located.
The single dominant use or single main use on a lot.
A recorded boundary of a lot. Any property line which abuts
a street or other public right-of-way shall be measured from the right-of-way.
A formal meeting, held pursuant to public notice by the Borough
Council or other Borough agency, intended to inform and obtain public
comment prior to taking action, in accordance with the provisions
of the Pennsylvania Municipalities Planning Code, as amended.[5]
A forum held pursuant to public notice under the Act of July
3, 1986 (P.L. 388, No. 84), known as the "Sunshine Act."[6] It includes any prearranged gathering of an agency which
is attended or participated in by a quorum of the members of the agency,
held for the purpose of deliberating agency business or taking official
action.
Notice published once each week for two successive weeks
in a newspaper of general circulation in the Borough. Such notice
shall state the time and place of the hearing and particular nature
of the matter to be considered at the hearing. The first publication
shall not be more than 30 days and the second publication shall not
be less than seven days from the date of the hearing.
A building or structure and its equipment used for the transmission
and exchange of telephone, radio, gas, power, sewer and water facilities;
provided, however, that in a residential district these shall not
include business facilities, storage of materials, trucks or repair
facilities or the housing of repair crews. This term shall include
electric utility poles, towers, lines, signs, transformer banks and
substations.
A company regulated by the Pennsylvania Public Utility Commission.
Cellular telecommunications companies and other companies not defined
as a "public utility" by the Pennsylvania Public Utility Commission
shall not be considered a public utility.
A structure, owned and operated by a public utility electric
company regulated by the Pennsylvania Public Utility Commission, designed
and used to support overhead electricity transmission lines.
ABANDONED WELLAny individual well in existence prior to enactment of these regulations which has not been in service for a period of three consecutive years.
ANNULAR SPACEThe space between two cylindrical objects, one of which surrounds the other, such as the space between a drill hole and a casing pipe.
AQUIFERA saturated permeable geological formation that stores and transmits significant quantities of water under ordinary hydraulic gradients.
BLADE CLEARANCERequired minimum distance between the lowest point of a rotor blade and the ground surface below it.
BORING/BOREHOLEA penetration of soil and/or rock that is augured, drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed which is generally cylindrical in shape and whose diameter is generally smaller than its depth of penetration.
BUILDING-INTEGRATED PHOTOVOLTAIC (BIPV) SYSTEMA solar energy system that consists of integrating solar PV modules into the building envelope, where the solar panels themselves act as a building material (e.g., roof shingles) or as a structural element (e.g., facade).
CASINGAn impervious durable pipe placed in a well to prevent the walls from caving and to seal off surface drainage or undesirable water, gas, or other fluids and prevent their entering the well.
CLOSED-LOOP GEOTHERMAL WELL SYSTEMA heat pump system using groundwater, surface water, or subsurface as the heating/cooling source which continuously circulates a heat-transferring liquid through sealed pipe and a heat exchanger. The internal liquid is not consumed from or discharged into the environment.
GEOTHERMAL ENERGY SYSTEMA system that uses a heat pump to extract heat from the earth in heating mode and/or reject heat into the earth in cooling mode. Also known as "geothermal heat pump system," "ground-coupled heat pump system," "earth-source heat pump system," or "geoexchange system."
GEOTHERMAL WELLA well installed for the purpose of extracting water for heating or cooling.
GROUND-MOUNTED SOLAR ENERGY SYSTEMA solar energy system which is not mounted on an existing structure.
GROUND-SOURCE HEAT PUMPA geothermal heat pump that uses the earth itself as a heat source and heat sink. It is coupled to the ground by means of a closed-loop heat exchanger installed horizontally or vertically underground.
GROUTA high-solids fluid mixture of cement or bentonite and potable water of a consistency that can be pumped through a tremie pipe and placed as required. Various additives, such as sand or bentonite, may be included in the mixture to meet certain requirements.
HEAT PUMPA mechanical device used for heating and/or cooling which operates by pumping heat from a cooler to a warmer location.
HORIZONTAL-AXIS WIND TURBINEA type of wind turbine in which the axis of rotation is parallel to the ground and the blades are perpendicular to the ground.
HORIZONTAL CLOSED-LOOP SYSTEMA closed-loop geothermal energy system where the loops of the pipe are laid horizontally, in the ground, in trenches.
MONITORING WELLA well used to observe water levels and/or obtain samples of groundwater.
NACELLEThe structure that houses all of the generating components, gearbox, drive train, etc., of a wind turbine.
NAMEPLATE CAPACITYThe maximum rated output of a generator, prime mover, or other electric power production equipment under specific conditions designated by the manufacturer.
OPEN-LOOP GEOTHERMAL WELL SYSTEMA heat pump system using groundwater or surface water as the heat/cooling source, circulated through the heat exchanger and returned to the environment via a separate discharge point.
PHOTOVOLTAIC (PV) SYSTEMA solar energy system that produces electricity by the use of semiconductor devices, called "photovoltaic (PV) cells," which generate electricity whenever light strikes them.
PLUMEAn area of identified, delineated groundwater or soil contamination associated with any property considered to be a threat to the environment or human health, such as, but not limited to, a superfund site.
RETURN WELLA well designed and constructed for the return of water to the ground. Also known as "reinjection well."
ROOF-MOUNTED SOLAR ENERGY SYSTEMA solar energy system which is mounted on an existing structure.
ROTORThe blades and hub assembly of a wind turbine.
ROTOR DIAMETERThe cross-sectional dimension of the circle swept by the rotating blades.
SHADOW FLICKERThe on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
SOLAR ACCESSThe ability of one property to continue to receive sunlight across property lines without obstruction from another's property (buildings, foliage, or other impediments).
SOLAR COLLECTORA solar photovoltaic (PV) cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
SOLAR ENERGY SYSTEMAn energy system which converts solar energy into usable thermal, mechanical, chemical, or electrical energy to meet all or a significant part of a structure's energy requirements.
STANDING-COLUMN GEOTHERMAL WELL SYSTEMA type of open-loop geothermal heating and/or cooling system that circulates groundwater from a water well through a heat exchanger and returns the discharge water from the water-source heat pump to the same water well that it was pumped from. The water withdrawal and return locations within the water well bore are separate as far as is possible. Some standing-column geothermal systems discharge some of the circulating groundwater to enhance their heat transfer.
TEST WELLA well constructed for the purpose of obtaining information on groundwater or hydrogeologic conditions, including yield and quality.
TOTAL EXTENDED HEIGHTThe vertical distance from the ground level to the tip of a wind-generator blade when the tip is at its highest point.
TOWERA guyed or freestanding structure, anchors, and foundation that is specifically engineered to support a small wind turbine.
TOWER HEIGHTThe height above grade of the fixed portion of the tower, excluding the wind turbine itself.
TREMIE PIPEA rigid or flexible pipe or hose that carries the grouting materials to the bottom of the zone being grouted. The tremie pipe is withdrawn as the grout material fills the annular space outside the casing or fills the space between the loop pipes and the borehole wall. The end of the tremie pipe is kept submerged just below the surface of the grout material.
VERTICAL CLOSED-LOOP SYSTEMA closed-loop geothermal energy system where the loops of the pipe are laid vertically, into the ground, in well borings.
VERTICAL-AXIS WIND TURBINEA type of wind turbine in which the axis of rotation is perpendicular to the wind stream and the ground.
WATER TABLEThat surface in an unconfined groundwater body at which the pressure is atmospheric. It is defined by the levels at which water stands in wells that penetrate the water body just far enough to hold standing water.
WATER-SOURCE HEAT PUMPA heat pump that uses a water-to-refrigerant heat exchanger to extract heat from the heat source.
WELLAny excavation that is drilled, cored, bored, washed, driven, dug, jetted, or otherwise constructed when the intended use of such excavation is for the location, acquisition, or artificial recharge of groundwater. This includes but is not limited to test wells, test borings, geothermal and monitoring wells, in addition to wells to be utilized as individual water supplies.
WIND ENERGY SYSTEMEquipment that converts, and then stores or transfers, energy from the wind into usable forms of energy, which has a nameplate capacity of not more than 20 kW and which is intended to primarily reduce on-site consumption of utility power. This equipment includes any base, blade, foundation, generator, nacelle, rotor, transformer, vane, wire, inverter, batteries, or other component in the system.
A public sanitary sewer system or a comparable common package
sanitary sewer facility approved by the appropriate governmental health
agency.
Any tree growing within or upon, or the branches of which
spread above or over, the streets and highways of East Greenville,
or within or upon any other property in which the Borough has ownership
interest.
A structure, building wall or other outdoor surface or any
device used for visual communication which is used for the purpose
of bringing the subject thereof to the attention of the public or
to display, identify and publicize the name and product or services
of any person, exclusive of supporting members that bear no message.
The ownership of a lot by one or more persons, partnerships
or corporations, which ownership is separate and distinct from that
of any adjoining lot.
A form of permitted use, authorized by this chapter, under the jurisdiction of the Zoning Hearing Board. The Zoning Hearing Board is empowered to grant permission for special exceptions, consistent with the public interest, in compliance with provisions of Article XIX of this chapter.
The vertical distance between two successive finished floor
surfaces; for the topmost story, between the top of its ceiling joists
and the finished floor below or, if no ceiling, from the top of the
roof rafters.
The dividing line between a lot and the outside boundary
or right-of-way line of a public street, road or highway legally opened
or officially plotted or between a lot and a privately owned street,
road or way over which the owners or tenants of two or more lots each
held in single and separate ownership have the right-of-way; also
known as "ultimate right-of-way line."
A public or privately owned right-of-way serving as a means
of vehicular and pedestrian travel and furnishing access to abutting
properties and space for sewers and public utilities. Includes streets,
avenues, boulevards, roads, highways, freeways, parkways, lanes, alleys,
viaducts, and other ways. When the term is used in the area or dimensional
regulations of any zoning district created hereby, it shall be limited
to those rights-of-way having an improved macadam surface of not less
than 25 feet in width for the entire length of the block upon which
the property whose compliance with a particular regulation at issue
abuts.
Rights-of-way for street purposes are defined as follows:
LEGAL RIGHT-OF-WAYThe total width of any land dedicated as a street as reflected on a recorded subdivision plat, boundary plat or dedication plat.
ULTIMATE RIGHT-OF-WAYThe total width of any land which is projected as necessary for adequate handling of anticipated maximum traffic volumes, determined by the street's function, in accordance with street classifications contained in this chapter, and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan. The ultimate right-of-way becomes the legal right-of-way when it has been offered for dedication and accepted by East Greenville Borough.
EQUIVALENT RIGHT-OF-WAYA street right-of-way required to be reserved where private streets are permitted. The width shall be determined by the street's function, in accordance with street classifications contained in this chapter and outlined in the Upper Perkiomen Valley Regional Comprehensive Plan.
Any tree located within the ultimate right-of-way of any
street or highway in East Greenville.
Any change in or addition to the supporting or structural
members of a building, such as the bearing walls, partitions, columns,
beams or girders, or any change which would convert an existing building
into a different structure or adapt it to a different use or which
in the case of a nonconforming use would prolong the life of such
use.
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 devisers, 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 or easement of access or any residential
dwelling, shall be exempted.
A vehicle without motive power which may be towed on public
highways by a passenger automobile without a special hauling permit,
which is designed for human occupancy under transient circumstances,
such as trucks or camping, travel, water sports or other recreation,
and having a body width not exceeding eight feet and a body length
not exceeding 32 feet.
See "street line."
The granting of permission by the Zoning Hearing Board to use or alter land or structures which requires a variation from the strict application of a requirement of this chapter. Variances are granted only in the case of exceptionally irregular, narrow, shallow or steep lots or other exceptional physical conditions, whereby strict application of regulations would result in practical difficulty and unnecessary hardship. Variances are granted only if specific requirements of Article XIX are met.
BEARING WALLA wall which supports any vertical load in addition to its own weight.
COMMON WALLA wall owned by one party but jointly used by two parties, one or both of whom is entitled to such use under the provisions of a lease.
DRY WALLA wall of stone or other durable material laid without mortar.
FIRE WALLA wall which subdivides a building to restrict the spread of fire. It starts at the foundation and extends continuously through all stories to and above the roof.
FOUNDATION WALLAny bearing wall or pier below the first-floor construction.
PARAPET WALLThat part of an exterior, party or fire wall extending above the roofline.
PARTY WALLA wall used jointly by two parties under easement agreement and erected at or upon a line separating two parcels of land that may be held under different ownership.
RETAINING WALLAny wall subjected to lateral pressure other than wind pressure, or a wall built to support a bank of earth.
ACCESSORY EQUIPMENTAny equipment servicing or being used in conjunction with a wireless telecommunication services facility or wireless telecommunication support structure. The term includes utility transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds.
ANTENNAAny system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. An antenna shall not include tower-based wireless communications facilities defined below.
CO-LOCATIONThe mounting of one or more wireless telecommunications facility, including antennas, on an existing tower-based wireless telecommunications facility or utility pole or light pole.
DISTRIBUTED ANTENNA SYSTEMS (DAS)A network of spatially separated antenna sites connected to a common source that provides wireless service within a geographic area or structure.
EMERGENCYA condition that constitutes a clear and immediate danger to the health, welfare, or safety of the public; or has caused or is likely to cause facilities in the rights-of-way to be unusable and result in loss of the services provided.
FCCThe Federal Communications Commission.
MONOPOLEA wireless telecommunications facility or site which consists of a single pole structure, designed and erected on the ground or on top of a structure, to support communications antennas and connecting appurtenances.
NON-TOWER WIRELESS TELECOMMUNICATIONS FACILITYAll non-tower wireless telecommunications facilities, including, but not limited to, antennas and related equipment, and those involving replacement of existing Borough or third-party utility structures, provided that the original function of the utility structure continues to be served following replacement. Non-tower wireless telecommunications facilities shall not include support structures for antennas and related equipment.
RIGHT-OF-WAY or ROW or R-O-WThe surface of and space above and below any real property in the Borough in which the Borough, county or commonwealth has a regulatory interest, or interest as a trustee for the public, as such interests now or hereafter exist, including, but not limited to, all streets, highways, avenues, roads, alleys, sidewalks, tunnels, viaducts, bridges, skyways, or any other public place, area or property under the control of the Borough, county or commonwealth, and any unrestricted public or utility easements established, dedicated, platted, improved or devoted for utility purposes, but excluding lands other than streets that are owned by the Borough, county or commonwealth. The phrase "in the right(s)-of-way" means in, on, over, along, above and/or under the right(s)-of-way.
SMALL WIRELESS FACILITYA wireless communications facility that meets each of the following conditions:
Each antenna (excluding associated antenna equipment) is cumulatively
no more than three cubic feet in volume; and
All antenna equipment associated with the facility (excluding
antennas) is cumulatively no more than 28 cubic feet in volume; and
The facility does not require antenna structure registration
under 47 CFR Part 17; and
The facility is not located on tribal lands, as defined under
36 CFR 800.16(x); and
The facility does not result in human exposure to radio frequency
radiation in excess of the applicable safety standards specified in
47 CFR 1.1307(b).
STEALTH TECHNOLOGYCamouflaging methods applied to wireless communications towers, antennas and other facilities which render them more visually appealing or blend the proposed facility into the existing structure or visual backdrop in such a manner as to render it minimally visible to the casual observer. Such methods include, but are not limited to, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, and facilities constructed to resemble trees, shrubs, flagpoles and light poles.
Any increase in the height of a wireless support structure by
more than 10%, or by the height of one additional antenna array with
separation from the nearest existing antenna not to exceed 20 feet,
whichever is greater, except that the mounting of the proposed wireless
communications facility may exceed the size limits set forth herein
if necessary to avoid interference with existing antennas; or
Any further increase in the height of a wireless support structure
which has already been extended by more than 10% of its originally
approved height or by the height of one additional antenna array.
TOWER-BASED WIRELESS TELECOMMUNICATIONS FACILITYAny structure that is initially constructed for the primary purpose of supporting one or more antennas, including, but not limited to, self-supporting lattice towers, guy towers and monopoles, and utility poles and light poles. DAS hub facilities are considered to be tower-based wireless telecommunications facilities.
UTILITY POLEAn existing or replacement pole or similar structure that is used in whole or in part to carry or to provide lateral support to electric distribution lines or cables or wires for telecommunications, cable or electric service, or for lighting or support for traffic control devices. Such term shall not include structures supporting only wireless facilities.
WIRELESSTransmissions through the airwaves, including, but not limited to, infrared line-of-sight, cellular, PCS, microwave, satellite, or radio signals.
WIRELESS TELECOMMUNICATIONS FACILITYThe antennas, nodes, control boxes, towers, poles, conduits, ducts, pedestals, electronics and other equipment used for the purpose of transmitting, receiving, distributing, providing, or accommodating wireless communications services.
WIRELESS TELECOMMUNICATION SERVICES (WTS)The provision of wireless telecommunication services, including those more commonly referred to as "cellular phones," which services are regulated by the Federal Communications Commission (FCC) in accordance with and as the term "personal wireless service" is defined in the Communications Act of 1934, as amended by the Telecommunications Act of 1996, 47 U.S.C. § 332(c)(7)(c), or as amended.
WIRELESS COMMUNICATIONS FACILITY APPLICANTAny person that applies for a wireless communications facility building permit, zoning approval and/or permission to use the public right-of-way or other Borough-owned land or property.
WIRELESS SUPPORT STRUCTUREA freestanding structure, such as a tower-based wireless communications facility, or any other support structure that could support the placement or installation of a wireless telecommunications facility if approved by the Borough.
A document signed and dated by an owner of real estate giving
approval to a specific request by a petition, provided that the same
is formally presented within 90 days of the date of signing of such
consent.
The area(s) of a lot which shall remain free of buildings
or other structures and may be used as lawn or planted area, parking
or driveway space, in compliance with the provisions of this chapter.
A yard is measured at right angles from the right-of-way or lot line
to the nearest building wall. "Yard" is further defined as follows:
A line which locates and delineates the minimum yard setback
requirements, measured from the appropriate property lines.
The space extending across the full width of the lot, for
a depth equal to the minimum front yard setback distance required
by the specific regulations of this chapter, measured perpendicular
from the street right-of-way line, unless stated otherwise, toward
the center of the lot.
The space extending across the full width of a lot for a
depth equal to the minimum rear yard setback distance required by
the specific regulations of this chapter, measured perpendicular from
the rear lot line to the center of the lot.
The space from the front yard to the rear yard for a depth
equal to the minimum side yard setback distance required by the specific
regulations of this chapter, measured perpendicular from the side
lot line toward the center of the lot. However, corner lots shall
be regarded as having two front yards for the frontage along a street.
Therefore, the setback for a side yard with street frontage shall
be the same as the front yard setback for the district in which the
property is located.
Division of all of the land on an entire political subdivision
into districts having different regulations pertaining to use of land
and height, area, bulk and use of buildings and yard requirements.
Zoning is effected by local ordinance under the police power of the
state granted by specific legislation, generally termed an "enabling
act."
