For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The entity or person that submits to the county an application for a WECS project, or a building permit for 1 or more WECS Towers.
COUNCIL. The Town Council of the Town of Darlington, Indiana.
COUNTY. Montgomery County, Indiana.
FAA. The Federal Aviation Administration.
LANDOWNER. Any person or entity owning real estate in the town.
NON-PARTICIPATING LANDOWNER. Any landowner who is neither an “owner” nor a “participating landowner,” as those terms are defined herein.
OPERATOR. The entity or person responsible for the day-to-day operation and maintenance of a WECS, including any third-party subcontractors.
OWNER. The entity(ies) or person(s) with an equity interest in a WECS, including its or their respective successors and assigns. OWNER does not include: (1) a participating landowner who owns less than a 5% equity interest in the WECS; or (2) any person holding a security interest in the WECS solely to secure an extension of credit.
PARTICIPATING LANDOWNER. A landowner from whom land is leased for locating a WECS.
PRIMARY STRUCTURE. For each property, a structure that 1 or more persons occupy principally for either business or personal use. PRIMARY STRUCTURES includes structures such as residences and commercial buildings. PRIMARY STRUCTURES excludes structures such as hunting sheds, storage sheds, pool houses, unattached garages and barns.
PROFESSIONAL ENGINEER. A qualified individual who is licensed as a professional engineer in any state in the United States.
RESIDENCE. A structure that is used or intended for use by 1 or more persons as a dwelling place.
SUBSTATION. A structure containing apparatus that connects below- or above-ground electrical collection lines of the WECS to the electric utility grid, with or without increasing the voltage.
TOWN. The Town of Darlington, Indiana, including its four-mile extraterritorial jurisdiction outside its corporate boundaries pursuant to I.C. 36-8-2-13.
TOWN CLERK. The Town Clerk of the Town of Darlington, Indiana.
WECS PROJECT. A WECS development consisting of 1 or more WECS towers.
WECS TOWER. A freestanding or guyed support structure to which the rotor, nacelle and generator are attached.
WECS TOWER HEIGHT. The distance from the rotor blade at its highest point to the top surface of the WECS tower foundation.
WIND ENERGY CONVERSION SYSTEM(S) (“WECS”). All necessary devices that together convert wind energy into electricity to an electric utility’s transmission lines, including but not limited to, 1 or more rotors, nacelles, generators, WECS towers, electrical components, WECS tower foundations, substations, electrical cabling from WECS towers to substations, meteorological towers, communications facilities, and other related facilities and equipment.
(Ord. 2018-5, passed 3-20-2018; Am. Ord. 2018-8, passed 4-17-2018)