For purposes of this chapter, and where not inconsistent with the context of a particular section, the defined terms, phrases, words, abbreviations and their derivations shall have the meaning given in this section. When not inconsistent with the context, words in the present tense include the future tense, words used in the plural number include words in the singular number and words in the singular number include the plural number. The word "shall" is always mandatory, and not merely directory.
ACCESSORY FACILITY OR STRUCTURE. An accessory facility or structure serving or being used in conjunction with a WECS, and located on the same property or lot as the WECS, including but not limited to utility or transmission equipment storage sheds, fences or cabinets.
APPLICANT. Any person, persons, association, partnership, or corporation who submits an application for a special use permit for a WECS.
APPLICATION. All necessary and appropriate documentation, deposits, fees, and the like that an applicant submits in order to receive a special use permit for a WECS.
BLADE. The aerodynamic surface that catches the wind.
CITY. The City of Tipp City, Ohio.
CO-LOCATION. The use of an existing tower or structure to support a WECS.
COMMERCIAL IMPRACTICABILITY or COMMERCIALLY IMPRACTICABLE. The inability to perform an act required by the Code of Ordinances when to do so would create an unreasonable and excessive cost, jeopardize the financial efficacy of the project, and all of following:
(1) The cause or occurrence of the inability to perform an act required by the Tipp City Code of Ordinances could not have been reasonably anticipated or foreseen; and
(2) The risk of the unanticipated or unforeseen cause or occurrence of the inability to perform an act required by the Tipp City Code of Ordinances was not assigned by the contract or by custom; and
(3) The unanticipated or unforeseen cause or occurrence was the cause in fact of the commercial impracticability; and
(4) The unanticipated or unforeseen cause or occurrence of the inability to perform an act required by the code is not based on the inability to achieve a satisfactory financial return on investment or profit, which standing alone, shall not deem a situation to be commercially impracticable and shall not render an act or the terms of an agreement commercially impracticable.
COMPLETED APPLICATION. An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
COUNCIL. The City Council of Tipp City, Ohio.
COWLING. A streamlined removable metal covering that covers a wind turbines' nacelle.
CUT-IN WIND SPEED. The wind speed at which the wind turbine starts supplying useful output power at the shaft.
CUT-OFF WIND SPEED. The wind speed above which the wind turbine ceases to produce useful power at the shaft.
dB(A). The frequency correction curve applied in a sound level meter to a sound to mimic the response of the human hearing.
DECIBEL (dB). A dimensionless unit of acoustic measurement in sound level meters where 0dB is the threshold of normal hearing and 130 dB is the threshold of pain.
FAA. The Federal Aviation Administration, or its duly designated and authorized successor agency.
HEIGHT. The distance measured from the pre-existing grade level to the highest point on the WECS, and shall be the greater of the height above pre-existing grade level to the tip of the turbine blade when it reaches its highest elevation.
ICE THROW. The falling or casting of ice from a WECS.
IMPULSIVE SOUND. A sharp sound pressure peak occurring in a short interval of time.
INFRASOUND. Sound of a frequency lower than 20 hertz.
MODIFICATION or MODIFY. The addition, removal or change of any of the physical and visually discernible components or aspects of a WECS, such as turbines, towers, associated control or conversion electronics, transformers, and/or other maintenance or control facilities, antennas, cabling, equipment shelters, landscaping, fencing, utility feeds, changing the color or materials of any visually discernible components, vehicular access, parking and/or an upgrade or change out of equipment for better or more modern equipment. A modification shall not include the replacement of any components of a WECS where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a WECS without adding, removing or changing anything.
MET TOWER. MET towers (meteorological towers), are used to gather wind data necessary for site evaluation and development of wind energy projects. MET towers include the tower, base plate, anchors, guy cables and hardware, anemometers (wind speed indicators), wind direction vanes, booms to hold equipment anemometers and vanes, data logger, instrument wiring, and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location. A MET tower shall not be a WECS.
NACELLE. A separate streamlined metal enclosure that covers the essential mechanical components of a wind turbine.
NOISE. The presence of unwanted sounds as defined by § 157.008(II) (9) and (10).
PERSON. Any individual, corporation, estate, trust, partnership, joint stock company association of 2 or more persons having a joint common interest, or any other entity.
PROFESSIONAL ENGINEER. An individual who is licensed as a Professional Engineer in the State of Ohio.
PURE TONE. A sound for which the sound pressure is a simple sinusoidal function of the time, and characterized by its singleness of pitch.
REPAIRS AND MAINTENANCE. The replacement of any components of a WECS where the replacement is identical to the component being replaced or for any matters that involve the normal repair and maintenance of a WECS without the addition, removal or change of any of the physical or visually discemable components or aspects of a WECS that will add to the visible appearance of the facility as originally permitted.
SHADOW FLICKER. The alternating light intensity produced by a wind turbine as the rotating blades cast shadows on the ground and stationary objects.
SPECIAL USE PERMIT. The official document or permit by which an applicant is allowed to file for a building permit to construct and use a WECS as granted or issued by the city.
STATE. The State of Ohio.
STEALTH or STEALTH TECHNOLOGY. To minimize adverse aesthetic and visual impacts on the land, property, buildings and other facilities adjacent to, surrounding, and in generally the same area as the requested location of a WECS, which shall mean using the least visually and physically intrusive facility that is not technologically or commercially impracticable under the facts and circumstances.
TEMPORARY. Temporary in relation to all aspects and components of this chapter, something intended to, or that does, exist for fewer than 90 days.
TOWER. Any structure designed primarily to support a WECS.
WIND ENERGY CONVERSION SYSTEM (WECS). Any mechanism designed for converting wind energy into electrical energy. A WECS may include one or more turbines, blades, towers, associated control or conversion electronics, transformers, and/or other maintenance or control facilities or other component used in the system. A WECS may be either a commercial WECS or a non-commercial WECS.
WIND ENERGY CONVERSION SYSTEM, COMMERCIAL. A WECS that is intended primarily to generate electrical power for sale to the power grid.
WIND ENERGY CONVERSION SYSTEM, NON-COMMERCIAL. A WECS that is incidental and subordinate to another use on the same parcel and that supplies electrical power solely for on-site use, except that when a parcel on which a noncommercial WECS is installed also receives electrical power supplied by a utility company, excess electrical power generated by the noncommercial WECS and not presently needed for on-site use may be used by the utility
company in exchange for a reduction in the cost of electrical power supplied by that company to the parcel for on-site use, as long as no net revenue is produced by such excess electrical power.
WIND TURBINE. A device that converts kinetic wind energy into rotational energy that drives an electrical generator.
(Ord. 07-09, passed 3-2-2009)