Are You Ready for #NewtownPA Zoning Armageddon?

After #NewtownPA Settled With Wawa, Other Developers Are Using Similar Tactics to Get What They Want By Challenging/Amending Zoning Laws

Ar*ma*ged*don (noun)

1. the last and completely destructive battle

It all started over five years ago, when representatives from Provco (Wawa developer) presented a “sketch plan” of a combination convenience store and gas station to the #NewtownPA Board of Supervisors (BOS) at a Work Session. The plan was for a proposed “Super Wawa” to be located on Newtown Bypass at the intersection with Lower Silver Lake Road within the OR (Office/Research) district.

According to John VanLuvanee, Esq. – an attorney representing Provco/Wawa – the Newtown Joint Municipal Zoning Ordinance (aka, JMZO) at the time did not accommodate “modern retail facilities selling gasoline” (i.e., Wawa). He suggested that the JMZO needed to be updated and that he should draft an amendment that would include this use.

No decisions were made regarding this application at the Work Session, but soon afterward Provco Pineville Acquisitions, LLC (aka Provco/Wawa) filed with the Court of Common Pleas a challenge to the validity (aka, “Substantive Validity Challenge”) of the JMZO claiming it was “unconstitutional” not to provide for this “common” commercial usage anywhere in the Jointure.

Substantive Validity Challenge

A landowner can challenge the validity of a zoning ordinance either by filing a challenge with the zoning hearing board or, in an entirely new and unique proceeding, by filing a challenge together with a proposed "curative amendment" with the governing body of the municipality. In either case a public hearing must be held, a record made, and a decision rendered on the validity of the ordinance.

A party challenging the substance of a zoning ordinance bears a heavy burden of proving the provisions are “arbitrary, and unreasonable, and have no substantial relationship to promoting its public health, safety, and welfare.”

Zoning “Armageddon”

Little did I – a novice Supervisor at the time – understand that this would be the beginning of what I now call “Newtown Zoning Armageddon™” – an epic series of battles between developers and the township.

You might say it’s a “slippery slope” or a “domino effect,” but I prefer the term “Armageddon” because, for me, it’s a “call-to-arms” for residents who moved to Newtown to escape overdevelopment and crime. It’s not about whether Wawa is a good thing or not. It’s about Wawa weaponizing zoning law, a tactic now being copied by other developers.

These battles, I fear, will eventually lead to developers rewriting zoning ordinances (laws) meant to protect the promise of Newtown as “A Great Place to Live, Work, and Worship” as well as to enjoy open, undeveloped space.

Newtown Zoning Challenge/Overdevelopment Survey

How concerned are residents about overdevelopment in Newtown Township? To answer that question, I started a short survey, which has received 172 responses (including 129 responses from Newtown Township residents) and over 120 comments, as of July 19, 2023. Over 80% of all respondents and 79% of Newtown Township residents are “Very Concerned” about overdevelopment in Newtown Township.

Selected Resident Comments

• The supervisors are already allowing too much development.
• Our Planning Commission strives to work with property owners to insure careful development and redevelopment of open properties with an eye toward preservation of our infrastructure, impact on our municipal services and overall appearance of the Township
• Smart development is what Newtown needs and we need Supervisors (thanks John) willing to stand up to developers that want to change the zoning for their financial gain.
• I think most people in our area are concerned about ongoing development, and particularly higher density with ever-increasing traffic. But it’s not sufficient to just say “Stop the development!” Land/property owners have rights, too. Rather than just railing against developers, my question is why there seem to be so many holes in the township’s zoning laws
• Newtown has lost it charm. It’s just like everyplace else now. Over commercialize. It’s a shame what newtown has become. It’s just going to get worse.
• I get it. People always resist change. But it is inevitable and certain. Nearly all of us live in homes that are on land that was once either green or farmed at one time.
• I love the small town feel of Newtown, but I am fearful we are losing our charm. The developers are sacrificing our town for their greed

View ALL comments...

What do you think?

How concerned are you about overdevelopment in Newtown Township?