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May 19, 2023 7:29 AM
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Developer Challenges #NewtownPA Zoning to Allow 245 Unit Apartment Building in OR District, But Sh*t May Happen

Developer Challenges #NewtownPA Zoning to Allow 245 Unit Apartment Building in OR District, But Sh*t May Happen | Newtown News of Interest | Scoop.it

On May 15, 2023, Wisler Pearlstine, LLP, attorneys representing Kushner Real Estate (aka KRE Upper Macungie Associates, LP), submitted a “Substantive Validity Challenge with Curative Amendment” to #NewtownPA Township.

 

The developer seeks to amend the Joint Municipal Zoning Ordinance to allow a 245-unit multi-story apartment complex to be built on Lower Silver Lake Road, a few hundred feet south of the proposed Wawa (see image above). This type of development is not currently permitted in the OR (Office/Research) zone, where it is proposed.

 

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johnmacknewtown's insight:

 

UPDATE (6/9/23): The hearing for the KRE Substantive Validity Challenge/Curative Amendment will begin on July 12, 2023 (regular BOS meeting), and continue on July 17, 2023. See 9 June 2023 Manager's Report.

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UPDATE (5/29/23): NOTICE IS HEREBY GIVEN that the Board of Supervisors of Newtown Township will hold a public hearing on Monday, June 19, 2023 at the Newtown Township Building, 100 Municipal Drive, Newtown, PA 18940, at 7:00 PM, to consider, and if appropriate, take action on, the application of KRE Upper Macungie Associates LP for a determination that the Newtown Area Joint Municipal Zoning Ordinance is unconstitutionally de jure and/or de facto exclusionary with respect to the legitimate and protected apartment use, for which use provision must be made in all Pennsylvania municipalities, and corresponding adoption of a proposed curative amendment to cure such defect. 


Pursuant to Section 916.1(e) of the Pennsylvania Municipalities Planning Code, notice is hereby given that the validity of the Newtown Area Joint Municipal Zoning Ordinance is in question, and the application, including all plans, explanatory material, and proposed ordinance amendment (LINK to online version: https://bit.ly/KRE_ValidityChallenge) may be examined by the public at the Newtown Township Building, 100 Municipal Drive, Newtown, PA 18940, during regular business hours, 8:00 AM to 4:30 PM. 

 

Related Content:

 

  • “Listen: Kushner Real Estate Lawyer Wants to Amend JMZO to Allow "Apartment Complex" Use in the OR District”; https://sco.lt/8tigXA
  • “#NewtownPA Planners Have Concerns With Proposed Five-Story Luxury Apartment Building in OR District”; https://sco.lt/9FCtMW
  • “Wawa Resurrects Its “Substantive Validity Challenge” to #NewtownPA’s Zoning”; https://sco.lt/99APgG
  • “Wawa's Request for Zoning Variances Denied!”; https://sco.lt/6Eh7rM
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Newtown News of Interest
These Scoops are excerpts from articles published in local newspapers and other sources that may be of interest to Newtown area residents. Please click on the "From" link to access the full original article. Any opinions and "insights" appended to these article summaries are solely those of John Mack and do not represent the opinions of any other person or entity.
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