By RANDY GRIFFITH
WINDBER — Although encouraged by neighboring Adams Township’s apparent success in fighting Big Coal, Borough Council on Tuesday sent its proposed mining restrictions for further review.
Councilman Simon “Red” Ohler made the motion to table final passage on a surface mining ordinance he first proposed last month. The proposed regulations were sent to borough Solicitor Jeffrey Berkey for review in light of the Commonwealth Court’s decision upholding Adams Township’s law.
“If we are going to come down with a floor fight, we have to know our legal stance,” Ohler said after the meeting. He expects to bring the ordinance for final approval in November.
Berkey said he has not seen the Commonwealth Court judges’ opinion and isn’t sure it would apply to the proposed Windber ordinance. But Ohler previously said he modeled the borough’s regulations, in part, on the township’s law. Like Adams’ ordinance, Windber would prohibit mining within 1,000 feet of the property boundary.
“The borough needs to review that (court) decision,” Berkey said.
Berwind Natural Resources Co. representatives have meet with borough officials to discuss the possibility of surface mining property near Windber Recreation Park. The proposed site is zoned as a conservation district – where mining is not a permitted use. Windber’s current zoning law permits strip mining only with special permission in light industrial districts.
“If they want to change that (property) from conservation to light industrial, I’ll fight them until hell freezes over,” Ohler fumed.
“Then I’ll put ice skates on and still fight them.”
