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"Municipal Cure" May Not Prevent Developer From Putting a Wawa on the Bypass in Newtown Township

"Municipal Cure" May Not Prevent Developer From Putting a Wawa on the Bypass in Newtown Township | Newtown News of Interest |

UPDATE: On September 23, 2020 the Board of Supervisors approved this amendment. More...]


A developer seeking to build a Wawa with gas pumps just off the Newtown Bypass in Newtown Township (read “Developer and Attorney Present Their Case for a WaWa Superstore on the Newtown Bypass”; has filed a challenge to the joint municipal zoning ordinance that governs it and two neighboring townships, claiming it is exclusionary by not providing for a convenience store/gas pumps use.


In a separate but somewhat related action, township supervisors recently approved a curative amendment that seeks to find a zoning area for the use within the jointure area of Newtown Township, Wrightstown and Upper Makefield (view the video here). The jointure is a collaborative body that sets zoning law for the three municipalities.


The curative amendment prevents any other developers from filing a plan for a convenience store with gas pumps in the jointure area for nine months, Newtown Township’s attorney said.


However, it doesn’t “protect” against the Wawa sketch plan/application because that predated the curative amendment and will have to play out along its own track, the attorney explained.

johnmacknewtown's insight:

Although Supervisor Calabro suggested that this is "protecting" Newtown, Township Solicitor Dave Sander said it does not apply to Wawa's substantive legal challenge to the joint municipal zoning ordinance previously filed by Wawa. Only if that challenge does not succeed will Wawa be subject to the Municipal Cure.


And it appears that Wawa may be interested in building in the other townships that make up the "Jointure". The lawyer representing the developer cryptically stated “If a convenience store/gas station use is ultimately provided for in the jointure, it only needs to be allowed in any one of the three townships to be legally provided for. However, that doesn’t mean that the use will be restricted to a single township."


View video clip from Board of Supervisors discussion and decision regarding this action: 

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Newtown News of Interest
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