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Wawa Resurrects Its “Substantive Validity Challenge” to #NewtownPA’s Zoning

Wawa Resurrects Its “Substantive Validity Challenge” to #NewtownPA’s Zoning | Newtown News of Interest |

At the November 22, 2022, Newtown Board of Supervisors (BOS) meeting, the supervisors approved and authorized the execution of a fee agreement to hire David C Babbitt and Associates LLC to assist the township in its defense against Provco Pinegood Newtown, LLC 's [Wawa’s] Substantive Validity Challenge (SVC) to the joint Municipal Zoning Ordinance (JMZO). The agreement and fees were laid out in a letter dated November 13 2022.


Wawa first filed its SVC several years ago (on October 16, 2019) and held it in abeyance UNTIL the BOS denied its plan to build a combination gas station and convenience store on Newtown Bypass at the October 26, 2022 BOS meeting. Provco has asked that its SVC be moved forward for a Zoning Hearing Board (ZHB) hearing. The schedule is not yet known, but an extension has been granted through February 28, 2023.


In order to assist the township, David Sander, the Township Solicitor, contacted Mr. Babbitt – “our go-to planner,” said Sander – who assisted the Township in fighting the variances for additional pumps and signs facing the Bypass (read “Newtown Twp vs Wawa: Round 3, Newtown's Expert Testifies”). Mr. Babbitt is therefore familiar with the site and, in Mr. Sander’s opinion, has the expertise necessary to review the substantive validity challenge and the ordinance and to testify in favor of the township.


What’s The Basis for Provco’s Claim?


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Newtown News of Interest
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