LANDFILL SHOULD BE ZONED RESIDENTIAL

The Beaver County Times

February 28, 2002

J.C.D. Miller conveyed most of the present Landfill site to Ambridge on December 14, 1928. It was to be a nature park. The conveyance had an express covenant that the land was to be used as a nature park. This was a covenant that was to travel with the land through all of its subsequent conveyances.

The Country Club conveyed the rest of the site to Ambridge on January 15, 1945. Both parcels were zoned “residential.” Ambridge annexed the properties in 1968, and zoned them “Recreational.” Chapter 27 of the Ambridge Ordinances provides for no such zoning category. It was specifically created for this very parcel.

Ambridge sold the site, on September 13, 1971, under an Agreement that it would be developed into a residential housing community within 90 days. The site was then subdivided, as residential property, and a private residence was built there.

On November 28, 1977 Ambridge made a Resolution authorizing a solid waste disposal facility on the Property. The Resolution provided that the ravine should be filled in, the water and utility lines should be re-located, the necessary storm sewers be installed, and an access road be built to Walter Panek Park. Further, if Ambridge rescinded the authorization, it would reimburse all the out-of-pocket expenses incurred to that time.

The purpose of the Resolution was to enhance the development of the residential subdivision. On March 18, 1980 Ambridge called for a plat map and development plan, but these have never been provided.

There is more to the story, and I could provide hundreds of footnotes. The point is that the documents show that the property was zoned residential. It could be Recreational if such a zoning category existed. The parties to the Resolution and sale both demonstrated their understanding that it was residential. The intent of the parties to the contract was that it be Residential.

Now, the Ambridge Borough Council is charged with clarifying their records to specifically state that the zoning is Residential. I hope that they comply with the stated intent of the parties, and the existing records, by doing just that.

Roger Thomas

(Thomas is Director of the Conference of Consumer Organizations,

a consumer and environmental NGO.)