Oakmont solicitor Robert H. Shoop reported at Monday's council meeting that a state Commonwealth Court decision on construction of a concrete plant went against the borough.
In March 2007, HHI Trucking requested approval to build that plant behind Oakmont Commons. From September 2007 through March 2008, the borough held hearings for a conditional use of the site. Twenty residents opposed construction of the plant in an industrial area.
Oakmont council believed it could not deny the conditional use request from HHI Trucking, but did establish 33 conditions for the project that included noise controls, air quality and road paving. In June 2008, the borough approved the application.
HHI Trucking appealed 14 of the 33 conditions to Allegheny County Common Pleas Court, accepting the other 19 conditions.
Common Pleas Court handed down a blanket decision upholding the appeal and denying the borough the right to establish conditions. The borough appealed based on the fact that the court voided the imposition of 14 conditions without an explanation, Mr. Shoop said.
In a decision filed Friday, Commonwealth Court upheld the Common Pleas Court decision. Commonwealth Court determined that many of the conditions imposed by the borough were unreasonable and outside the jurisdiction of the zoning hearing board.
Council has 30 days to appeal and will decide how it will proceed once it has read the decision and discussed it with Mr. Shoop.
Emergency Management coordinator Theresa Creighan advised Oakmont residents on Monday that they should be prepared for possible flooding.
She told residents to make sure they have water on hand in their homes. In the event of flooding across the Allegheny River, she explained, water in the borough could be turned off. She also said if flooding appeared to be a possibility, they should move basement items to an upper floor.
This would not be a flash-flood situation, she said, and it is residents' responsibility to have what they need at home.
Although there are three potential shelters in the borough, Ms. Creighan said they would be of no use if affected by flooding. Two mega-shelters are planned for the overall county, one in the north and one in the southeast, but a suitable number of volunteers was still needed.
She told residents to monitor news reports about possible flooding and said a checklist for what might be needed in homes will be on the borough website, www.oakmontborough.com.
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