Town Okays Unimin Deal, But Looks to Control New Sand Mines

As expected, voters in the town of Greenfield gave the town board the go ahead to sign a deal with Unimin last week. Roughly 130 voters turned out for the special election (no absentee ballots allowed) and voted overwhelmingly for the agreement, which, among other things, means the town will collect as much as $250,000 annually in user fees from the mine once it starts producing sand. Unimin had all the authority it needed to build the mine without an agreement; but the agreement gave Unimin more benefits and the town some protections and control.

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The vote was anti-climatic; more intereting was town attorney Rick Radcliffe's recommendation that the town of Greenfield draw up an ordinance that could regulate and perhaps even deter new sand mines from coming into the township. Such an ordinance would have to be narrowly defined and would capitalized on the town's right to regulate the health and safety of its citizens, hours of operation, noise, safety and dust. Unimin would be immune from this ordinance; such protection was part of the deal it swung with the down and Radcliffe said that the agreement gives the town more protection than the ordinance he proposed would give.
Radcliffe said that the Wisconsin Towns Association, a non-profit that helps the state's more than 1200 townships with programs, services and informatoin, would work with the town of Greenfield in developing such an ordinance. In addition, the town also has the authority to put weight limits on town roads and could go so far as to put weight limits only on specific stretches of town roads used by other land mines. Radcliffe stressed that the town can only put weight limits on town roads, not county roads or state highways.
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That means the town could effectively shut down a mine with weight limits, Radcliffe said. Such regulations would not affect Unimin because of the agreement, in making the deal with Unimin, Radcliffe and Steve Witt, town chair, used the small stretch of town road that was important to Unimin as leverage in negotiations. But, it means that if other mining companies came into the township, the town would have that ability to regulate them, or possibly deter them from starting a mine there.

Radcliffe said such an ordinance would have to be a decision of the special subcommittee formed to draw up regulations that could control any new minds coming into the area and would have to be approved by the board.

Susie Zillmer, a member of the subcommittee, said that the the group has done significant research but that there is little precedent for what it's trying to do. Among the subcommittee's proposals: requiring a one-mile setback between mining properties and residences. She invited input from others in the town.

During brief discussion of zoning, Witt said that implementing zoning requires a comprehensive land use study that could cost $25,000. However, the town of Ridgeville did its own study without hiring an outside company by forming a special committee that used templates and di the job for about $300.

Witt said that the town had rejected zoning 30 years ago, one member of the crowd suggested a new vote, saying times had changed and town sentiments about zoning may have as well. Witt said the town could discuss zoning at the annual meeting in April.

Ian Holloway, town assessor, said that the town will delay a re-evaluation for another year because of the impact the sand mine has had on the town's real estate market.

Kate Rice

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