As used in this section, the following terms shall have the meanings
indicated:
AMBIENT SOUND
Ambient sound encompasses all sound present in a given environment,
being usually a composite of sounds from many sources near and far.
It includes intermittent noise events, such as, from aircraft flying
over, dogs barking, wind gusts, mobile farm or construction machinery,
and the occasional vehicle traveling along a nearby road. The ambient
sound also includes insect and other nearby sounds from birds and
animals or people. The nearby and transient events are part of the
ambient sound environment but are not to be considered part of the
long-term background sound.
ANSI
Refers to or means the American National Standards Institute.
APPLICANT
The person or entity filing an application and seeking license
under this section; the owner of a WECS or a proposed project; the
operator of a WECS or proposed project; any person acting on behalf
of an applicant, WECS project or proposed WECS. Whenever the term
"applicant" or "owner" or "operator" are used in this section. Said
term shall include any person acting as an applicant, owner or operator.
BACKGROUND SOUND
Background sounds are those heard during lulls in the ambient
sound environment and represent the quietest 10% of the time: for
example, the quietest one minute.
dBA
A weighted sound pressure level. A measure of overall sound
pressure level designed to reflect the response of the human ear,
which does not respond equally to all frequencies. It is used to describe
sound in a manner representative of the human ear's response. It reduces
the effects of the low with respect to the frequencies centered around
1,000 Hz. The resultant sound level is said to be "weighted" and the
units are "dBA." Sound level meters have an A-weighting network for
measuring A-weighted sound levels (dBA) meeting the characteristics
and weighting specified in ANSI Specifications for Integrating Averaging
Sound Level Meters, 51.43-1997, for Type 1 instruments and be capable
of accurate readings (corrections for internal noise and microphone
response permitted) at 20 dBA or lower. In this section, dBA means
LAeq unless specified otherwise.
DBC
C-weighted sound pressure level. Similar in concept to the
A-weighted sound level (dBA), but C-weighting does not deemphasize
the frequencies below 1,000 Hz as A-weighting does. It is used for
measurements that must include the contribution of low frequencies
in a single number representing the entire frequency spectrum. Sound
level meters have a C-weighting network for measuring C-weighted sound
levels (dBC) meeting the characteristics and weighting specified in
ANSI SI. 43-1997 Specifications for Integrating Averaging Sound Level
Meters for Type 1 instruments. In this section, dBC means L unless
specified otherwise.
DECIBEL
A dimensionless unit describing the amplitude of sound and
denoting the ratio between two quantities that are proportional to
power, energy, or intensity. One of these quantities is equal to 20
times the logarithm to the base 10 of the ratio of the measured pressure
to the reference pressure, which is 20 microparscals.
EAF
Environmental Assessment Form used in the implementation
of the SEQRA as that term is defined in Part 617 of Title 6 of the
New York Codes, Rules, and Regulations.
NONPARTICIPANT
Any and all Hartland landowners having no contractual relationship
with a wind developer.
PARTICIPANT
Any and all landowners having a signed lease, easement, or
good neighbor agreement with a wind developer.
PERSON
Any person, partnership, LLC, corporation, joint venture,
trust or other entity.
QUALIFIED ACOUSTICAL CONSULTANT
A person with demonstrated competence in the specialty of
community noise testing who is a person with full membership in the
Institute of Noise Control Engineers (INCE).
RESIDENCE
Any building suitable for habitation in the Town of Hartland
on the date an application for a wind energy facility permit is received.
A residence may be part of a multi-dwelling or multipurpose building,
and shall include buildings such as hunting camps, seasonal residences,
hotels, hospitals, motels, dormitories, nursing homes, schools churches
or buildings used for educational purposes, or public gatherings.
ROTOR DIAMETER
The diameter of the largest swept area of a rotating turbine
blade.
SEQRA
The New York State Environmental Quality Review Act and its
implementing regulations in Title 6 of the New York Codes, Rules and
Regulations, Part 617.
SETBACKS
A distance measured from the closest right-of-way line of
the road right-of-way, property lines, village limits, edge of wetlands,
edge of streambed, closest point of residence foundation to the base
of the turbine or measurement tower, zoning districts, or other point
or line of reference.
SHADOW FLICKER
The visual effect of viewing the moving shadow of the wind
energy conversion system (WECS) rotor blades when they are in a position
between the receptor (person viewing them) and the sun and/or the
"strobe" lighting effect of this condition as perceived by the receptor
whether directly or indirectly (as in a reflection off a light-colored
wall).
SITE
The minimum area necessary for a wind energy facility to
satisfy the required setbacks and any other standards in this section.
The site may be publicly or privately owned by an individual or a
group of individuals controlling single or adjacent properties. Where
an individual or group of individuals own or control adjacent properties,
those properties may be combined for the purposes of this section
through an easement or other legally enforceable agreement recorded
in the real property records in the Niagara County Clerk's Office.
The agreement must, at a minimum, describe all lands that may be impacted
if the WECS fell and must remain in effect as long as the WECS is
in place. Where multiple adjacent lots are in single ownership or
are combined through such agreement, such multiple or combined lots
shall together be considered the "site".
SOUND PRESSURE LEVEL
The level, expressed in decibels, which is equaled or exceeded
a stated percentage of time. Sound pressure level is spectrally weighted
to correspond to a spectrum of interest. For example, the A-weighted
decibel scale (dBA) represents those frequencies most readily audible
to the human ear. The C-weighted decibel scale (dBC) approximates
response of the human ear to low-frequency sounds. The G-weighted
decibel scale (dBG) is designed for infrasound. Sound measurements
shall use sound meters that meet the American National Standard Institute
Specifications for Integrating Averaging Sound Level Meters, SI. 43-1997,
for Type I instruments and be capable of accurate readings (corrections
for interval noise and microphone response permitted) at 20 dBA or
lower.
SPECIAL USE PERMIT
A construction and operating permit granted in accordance
with the provisions of this section.
TOTAL HEIGHT
The height of the tower from the finished ground elevation
to the furthest vertical extension of the turbine rotor plane.
TOWER HEIGHT
The height of the tower from the finished ground elevation
at the tower base to the center of the hub forming the attachment
point for turbine blades.
WIND ENERGY CONVERSION SYSTEM (WECS) or WIND ENERGY CONVERSION
FACILITY
Any machine or wind facility that converts the kinetic energy
in the wind into electricity, including all related infrastructure,
electrical lines and substations, access roads and accessory structures,
also known as a commercial/industrial wind energy conversion system.
Excluded from the definition are noncommercial wind energy conversion
systems having a height of 165 feet or less.