[The flowchart above summarizes the steps in the "Curative Amendment" process as outlined by David Sander at a October 24, 2018, Newtown Board of Supervisors meeting. We are currently at step 5. View the video here.]
“We’re in good faith trying to pass something here which is for the betterment of the townships. Provco comes in and says no, no, no. We’re going to change it to the way we want it. In the court of public opinion, I think Provco loses,” said Supervisor Calabro.
After numerous meetings and several years of work, Newtown Township, Wrightstown and Upper Makefield are close to adopting a curative amendment [read "Municipal Cure" May Not Prevent Developer From Putting a Wawa on the Bypass in Newtown Township] that would add a combination gas station and convenience store as a permitted use in the jointure.
The three municipalities, which make up the Newtown Area Zoning Jointure, began drafting an amendment to its Joint Municipal Zoning Ordinance (JMZO) after the exclusion was pointed out by Provco, which is seeking to build a Super Wawa in the township.
[Provco's attorney John VanLuvanee] has been pressing for an amendment to the JMZO, which would allow it to build the convenience store and fueling station at Lower Silver Lake Road and the Newtown Bypass across from Crossing Community Church.
The draft amendment would limit the use to the office research zone in Newtown Township and would place limitations on the square footage of any proposed convenience store, limit the number of fueling stations, impose restrictions on signage and lighting and set parameters for parking, buffering, etc.
What the supervisors may decide not do is forward a copy of the draft ordinance to Provco for its review and comments, which the township’s solicitor Dave Sander had strongly recommended [listen to this podcast: “E30 "Curative Amendment" Timeline Discussion at 8 July 2020 BOS Meeting”; https://bit.ly/E30vProvco].
He said if Provco is left out of the amendment process at this point, it could decide instead to pursue its substantive validity challenge to the ordinance. And if it wins that challenge, Sander said Provco would not be required to follow the regulations set forth in the curative amendment.
Board Chairman Phil Calabro, however, disagreed with submitting the draft ordinance to Provco. “We are the ones approving it and they are the ones who have to abide by it. I understand the legal situation that we’re in, but they don’t run the township, we do,” said Calabro. “And I don’t know why Provco has to have a say before we have a say.”
Supervisor John Mack agreed. “I was told we could develop this and not have everything in there that Provco wanted. And if they desire, they can go to the zoning board and ask for a variance.”
For example, Mack said if the number of fueling stations is less than what a Super Wawa would have, they could seek a variance from the zoning hearing board. “There’s opportunity for Wawa to have further input at that stage so I agree with Phil.”
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