No construction or installation of improvements shall commence in a proposed subdivision until the final plat has been approved and the Town Board has given written authorization and the performance guarantee has been accepted by the Town.
[Amended 7-15-2003]
No building permits shall be issued for erection of a structure on any lot of record until all the requirements of Chapter 220, § 220-28E and F have been met.
The following plans and accompanying construction specifications shall be required by the Town Board before authorization of construction or installation of improvements:
A. 
Street plans and profiles showing existing and proposed grades, soil conditions, elevations and cross sections of required improvements.
B. 
Sanitary sewer plans and profiles showing the locations, grades, sizes, elevations and materials of required facilities.
C. 
Storm sewer plans and profiles showing the location, grades, sizes, cross sections, elevations and materials of required facilities.
D. 
Water main plans and profiles showing the locations, sizes, elevations and materials of required facilities.
E. 
Planting plans showing the locations, age and species of any required street trees.
F. 
Surface water drainage plan.
G. 
Additional special plans or information as required.
The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Town Engineer to provide for adequate inspection at the subdivider's expense. The Town Engineer shall inspect and approve all completed work prior to release of the performance guarantee.
A. 
Before the final subdivision plat may be approved, and before any street is accepted within any subdivision, the subdivider or engineer for said subdivider shall see that on all final plats submitted for approval to the Town Board there is established all final road grades, driveway culvert grades, open ditch drainage grades and sidewalk grades (if applicable). Such grades (culvert grades and ditch grades) shall be established by proper engineering symbols upon the final surface water drainage plan at the side yard lines. The subdivider and the engineer for the subdivider shall be responsible for setting and staking all such grades.
B. 
If the subdivider, or the engineer for the subdivider, or the then property (lot) owner has not fulfilled the obligations of this section and the Town shall incur any costs for correcting improperly established and/or staked grades, the subdivider, or the engineer for the subdivider, or the property (lot) owner shall be responsible for reimbursing the Town for all costs incurred to correct any such failure.
C. 
All of the duties and responsibilities hereunder of a subdivider and the engineer for a subdivider are also applicable to any person requesting Town Board approval of any certified survey map or plat of survey.
D. 
Either the subdivider or the engineer for the subdivider shall file with the Town a statement of compliance with this section, as above established; the subdivider or the then property (lot) owner shall be required to adjust any culvert grades, at no expense to the Town, when the Town issues final approval/building permit, which will then establish the driveway and culvert grades.
A. 
Terminology. All terminology used in this section, not defined below, shall be in conformance with applicable publications of the American National Standards Institute (ANSI) or its successor body. As used in this section, the following terms shall have the meanings indicated:
A-WEIGHTED SOUND LEVEL
The sound-pressure level in decibels as measured on a sound-level meter using the A-weighting network. The level so read is designated dB(A) or dBA.
COMMERCIAL AREA
As defined in Chapter 535, Zoning (CL, CR and CP).
CONSTRUCTION
Any site preparation, assembly, erection, substantial repair, alteration, or similar actions, but excluding demolition, for or of public or private rights-of-way, structures, utilities or similar property.
DECIBEL (dB)
A unit for measuring the volume of a sound equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).
EQUIVALENT A-WEIGHTED SOUND LEVEL (Leq)
The equivalent steady-state sound level which in a stated period of time contains the same acoustic energy as the time-varying sound level during the same period. For purposes of measuring or predicting noise levels, a receptor is assumed to be at ear height, located five feet above ground surface. "Leq(h)" means the hourly value of Leq.
HABITABLE ROOM
Any room meeting the requirements of the Uniform Building Code or other applicable regulations which is intended to be used for sleeping, living, cooking or dining purposes, excluding such enclosed spaces as closets, pantries, bath or toilet rooms, service rooms, connecting corridors, laundries, unfinished attics, foyers, storage spaces, cellars, utility rooms and similar spaces.
INDUSTRIAL AREA
As defined in Ch. 535, Zoning (IND).
LOCAL PLANNING AGENCY (LPA)
The municipal agency or department having lead responsibility for this section.
OUTDOOR LIVING AREA
Spaces that are associated with residential land uses typically used for passive recreational activities or other noise-sensitive uses. Such spaces include patio areas; barbecue areas; residential play areas; outdoor patient recovery or resting areas associated with hospitals, convalescent hospitals, or rest homes; and outdoor school facilities routinely used for educational purposes which may be adversely impacted by noise. Outdoor areas usually not included in this definition are front yard areas, driveways, greenbelts, maintenance areas, and storage areas associated with residential land uses; exterior areas at hospitals that are not used for patient activities; outdoor areas associated with places of worship and principally used for short-term social gatherings; and outdoor areas associated with school facilities that are not typically associated with educational uses prone to adverse noise impacts (for example, school play yard areas).
PERSON
Any individual, association, partnership, or corporation, and includes any officer, employee, department, agency or instrumentality of a state or any political subdivision of a state.
RESIDENTIAL AREA
As defined in Ch. 535, Zoning (RSF, RTF and RMF).
SOUND
An oscillation in pressure, particle displacement, particle velocity or other physical parameter, in a medium with internal forces that cause compression and rarefaction of that medium. The description of sound may include any characteristic of such sound, including duration, intensity and frequency.
SOUND LEVEL
The weighted sound-pressure level obtained by the use of a sound-level meter and frequency weighting network, such as A, B, or C as specified in American National Standards Institute specifications for sound-level meters (ANSI S1.4-197, or the latest approved revision thereof). If the frequency weighting employed is not indicated, the A-weighting shall apply.
SOUND-LEVEL METER
An instrument which includes a microphone, amplifier, RMS detector, integrator or time averager, output meter, and weighting networks used to measure sound-pressure levels.
B. 
General provisions.
(1) 
No owner of any land adjacent to an existing county, state or federal highway or adjacent to a planned transportation corridor shall commence or cause to be commenced construction of any structure unless approved by the Plan Commission.
(2) 
Any application for approval required shall be submitted in writing to the Plan Commission by the owner of the land on which the structure is proposed to be constructed and shall contain the following information:
(a) 
Identification of the land on which the construction is proposed.
(b) 
The section under which approval is requested.
(c) 
Information and data supporting the claim that the appropriate requirements will be met.
(d) 
Any other information which the Plan Commission may reasonably require.
C. 
Construction restrictions for habitable and institutional structures.
(1) 
No new single-family residential structure shall be approved for construction (excluding substantial repair or alteration) if any exterior hourly traffic sound level Leq(h) anywhere within a proposed outdoor living area is projected to be equal to or in excess of 67 dBA upon completion of the structure or anytime thereafter.
(2) 
No new multifamily residence, dormitory, mobile home park, transient lodging, school, hospital, nursing home or similar structure, or substantial modification of such existing structure, shall be approved for construction if any exterior hourly traffic sound level Leq(h) anywhere within a proposed outdoor living area on the site is projected to be equal to or in excess of 67 dBA upon completion of the structure or modification or anytime thereafter.
(3) 
Construction otherwise prohibited shall be allowed if there are no outdoor use areas on the site of the proposed structure projected to be exposed to an hourly traffic sound level, Leq(h), equal to or in excess of 67 dBA and provided that there is incorporated into the design and construction of the structure such sound attenuation measures as are necessary to reduce the maximum interior hourly traffic induced sound level, Leq(h) in a habitable room to 52 dBA upon completion of the structure or modification or anytime thereafter.
(4) 
Prior to issuance of any building permit for any structure regulated pursuant to Subsection B, the owner of the structure shall submit to the Plan Commission and Building Inspector plans and specifications identifying the sound attenuation measures to be incorporated into the design and construction of the structure to meet the interior Leq(h) criteria.
(5) 
The Plan Commission and Building Inspector may conduct such inspections and measurements as are necessary to ensure the proper implementation of the sound attenuation measures proposed pursuant to Subsection C(4) and to ascertain compliance with this section.
D. 
Recreational area restrictions.
(1) 
No land shall be designated or approved for construction or use as a public or private exterior recreational area, including but not limited to children's playgrounds, outdoor theaters and amphitheaters, picnic grounds, tennis courts and swimming pools, if any exterior hourly traffic sound level, Leq(h), anywhere on the site of the proposed recreational areas is projected to be equal to or in the excess of 67 dBA upon completion of the construction or designation of the site or anytime thereafter.
(2) 
This section shall not apply to the designation or approval of any greenbelt or open space in any area in which the noise level exceeds the level specified in Subsection D(1) regardless of whether such greenbelt or open space is open to public use, provided that no recreational improvement or facility is constructed thereon.
(3) 
Designation or approval of exterior recreational area otherwise prohibited under Subsection D(1) shall be allowed if the noise level specified in that subsection can be achieved by appropriate means of sound attenuation, such as berms, barriers, or buildings, at the perimeter of or elsewhere on the site.
(4) 
No new interior recreational facility, including but not limited to gymnasiums, ice or roller skating rinks, indoor swimming pools, and tennis courts, shall be approved for construction if the hourly traffic sound level, Leq(h), anywhere on the site is projected to be equal to or in excess of 67 dBA upon completion of the structure or anytime thereafter, unless there is incorporated into the design and construction of the structure such sound attenuation measures as are necessary to reduce the maximum hourly traffic induced sound level, Leq(h), to 52 dBA
E. 
Site study requirement.
(1) 
If the Plan Commission has reason to believe that a full report is necessary to determine whether a proposed project is prohibited, such report shall be made by the applicant prior to approval of any subdivision, zoning or building permit application. (If a full report has not been presented and the applicant believes the project was wrongfully prohibited, he may file a full report within 21 days of the Plan Commission decision and request reconsideration). A full report shall contain the following information which the Plan Commission may reasonably require:
(a) 
The existing maximum hourly traffic sound level, Leq(h), for a representative sample of locations, measured in accordance with guidelines presented in Sound Procedures for Measuring Highway Noise: Final Report, August 1981, United States Department of Transportation, Federal Highway Administration, Arlington, VA, or modeled according to a methodology consistent with the methodology in the FHWA Highway Traffic Noise Prediction Model (Report No. FHWA-RD-77-108);
(b) 
The projected future Leq(h) at the site resulting from future traffic increases; and
(c) 
Where applicable, plans for sound attenuation measures on site and/or of the structure proposed to be built and the amount of sound attenuation anticipated as a result of these measures.
(2) 
In determining whether an applicant should be required to submit a full report pursuant to Subsection E(1), the Plan Commission shall consider the Wisconsin Department of Transportation's Administrative Code Chapter Trans 405 and the Federal Highway Administration's Procedures for Abatement of Highway Traffic Noise and Construction Noise, Title 23, Code of Federal Regulations, Chapter I, Subchapter H, Part 772.
F. 
Zoning ordinance or comprehensive plan.
(1) 
No proposed zoning ordinance or comprehensive plan for land adjacent to an existing county, state or federal highway or planned transportation corridor shall be approved unless such plan includes a sound analysis which:
(a) 
Identifies existing and projected traffic noise levels, dBA, Leq(h) for 20 years in and around the area under consideration; and
(b) 
Ensures usage of adequate measures to avoid violation of any provision of this section.
(2) 
No zoning change application shall be approved unless the site feasibility study submitted, as required by the Plan Commission, contains an analysis which:
(a) 
Shows the impact of existing and projected traffic noise levels, dBA, Leq(h) for 20 years on the intended use; and
(b) 
Ensures the use of adequate measures to avoid violation of any provision of this section.
G. 
Truth in selling or renting. No person shall sell or rent, or cause to be sold or rented, any structure constructed after July 9, 1993, or property to be used for human habitation where the structure or property as defined in Subsection A is exposed to sound levels regularly equal to or in excess of 67 dBA, Leq(h), without making full written disclosure to all potential buyers or renters of the existence of such sound levels and of the nature of the sources.