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• DANE COUNTY ORDINANCE AMENDMENT NO. 7187 Amending Section 10.03 relating to Zoning Districts in the Town of Middleton. The Dane County Board of Supervisors does ordain as follows: That the Zoning District Maps of the Town of Ivflddleton be amended to include in the C-2 Commercial Districts the following described land: PETITION NUMBER: 7187 Located in the NW 1/4 SE 1/4 and the NE 1/4 SW 1/4 of Section 8, Town of Ivfiddleton, to-wit: Commencing at the south quarter corner of said Section 8;thence N 00°33'14"E, 1417.71 feet to the point of beginning; thence continuing N 00°33'14" E, 199.66 feet; thence N 89°49'28" W, 1334.62 feet; thence N 00°46'22" E, 138.40 feet to a point of curve, said point being on the southerly right-of-way line of the Chicago, Milwaukee, St. Paul and Pacific Railroad; thence Northeasterly on a curve to the right which has a radius of 4451.66 feet and a chord which bears N 78°36'25" E, 1267.01 feet; thence N 86°47'18" E along said right-of-way line 810.00 feet; thence S 00°33'14" W, 640.00 feet;thence N 89°49'28"W, 713.77 feet to the point of beginning. CONDITIONAL ZONING Conditional zoning is hereby imposed pursuant to Section 10.255(3Xa)2.(b)of the Dane County Code of Ordinances. The rezoned area shall be subject to the following conditions. 1.The number of generators on site at any given time shall be limited to 10 such units,each unit not exceeding 1250 KW. 2.The total operating hours of all generators shall not exceed 200 hours per year,including testing,operations and maintenance. 3.The noise level of each generator shall not exceed 65 decibels at a distance of 50 feet.The Town reserves the right to implement appropriate noise testing/monitoring activities.The noise testing/monitoring expenses shall be at the expense of the applicant 4.Madison Gas and Electric shall provide the Town of Middleton with a copy of all complaints regarding the facility and the Utility's response. 5.Madison Gas and Electric shall place with the Town of Middleton an irrevocable Letter of Credit in the amount of S 100,000.to guarantee compliance with the conditions set forth in this approval. 6 That any storage of hazardous or toxic materials take place in a roofed structure,and that all hazardous materials be contained so that any spills,leaks or runoff do not enter any ground or surface waters. The landowner shall adopt a spill management plan that meets all current commonly accepted management practices to prevent a hazard to air,water,natural resources or public safety. DEED RESTRICTION REQUIRED This amendment will be effective,if within 90 days of its adoption by Dane County the owner or owners of the land shall record the following restrictions on said land: 1.The permitted uses on the site be limited to utility services,auxiliary or supplemental electric generating stations,warehousing and storage incidental to a permitted use,and storage or processing of waste material normally associated with electric generation facilities. Said restriction shall run in favor of Dane County and the pertinent Tooard as w as the owners of land within 300 feet of the site.Failure to record the restriction: c se the rezone ` be null and void. 0\1'-44 The Dane County Board of Supervisors does ordain that !; :. i , ' -nt,based upon their findings,to be consistent with the provisions of Wisconsin State Statute 91.77(1)(a),(b),(c).