There has been considerable discussion about businesses potentially locating within our community (now or in the future). We understand that residents have strong opinions about growth and development, and everyone has a right to express those opinions. However, we believe it is important to clarify the role and responsibilities of your Township government.
A township cannot simply refuse to allow a business to operate because some residents do not want it here.
Pennsylvania municipalities operate under state laws, including the Pennsylvania Municipalities Planning Code (MPC). These laws establish the authority and responsibilities of local government when it comes to zoning, land development, and property use.
So, what does that mean for South Newton Township?
1. Businesses Have Property Rights.
If a property is appropriately zoned for a particular business or commercial use, the Township generally cannot prohibit that business simply because residents oppose it. If the proposed use is permitted and the applicant meets all applicable requirements, the Township must administer its ordinances accordingly. Even if the business being proposed in not within the appropriately zoned district, they may apply for a Conditional Use Permit.
2. The Township Must Follow Its Own Ordinances.
The Board of Supervisors cannot arbitrarily decide which businesses are welcome and which are not. Our responsibility is to enforce the ordinances and regulations that have been legally adopted. Those requirements apply regardless of the business name, ownership, or popularity.
3. Residents Can Voice Their Concerns.
Public input is important. Concerns about traffic, noise, lighting, stormwater, safety, and neighboring properties deserve consideration when they relate to applicable regulations and approval criteria. Public opposition alone, however, is not a legal basis for denying an otherwise compliant application.
4. The Township Can Enforce Development Standards.
Businesses must meet applicable zoning, building, stormwater, road access, and other regulatory requirements. Depending on the proposed use, additional approvals, studies, public hearings, and conditions may be required. The Township has a responsibility to ensure these requirements are followed.
AN IMPORTANT DISTINCTION
Allowing a business to locate in South Newton Township does not mean the Board of Supervisors supports or endorses that particular business. It means the Township is fulfilling its legal responsibility to administer the ordinances and regulations that govern land use.
We also recognize that residents value the rural character of our community. Protecting that character requires thoughtful planning, appropriate zoning regulations, and responsible enforcement. That is why reviewing and maintaining our ordinances is so important.
We cannot promise that every proposed business will be stopped simply because residents oppose it. We can promise that development applications will be subject to the applicable laws, ordinances, and regulations that govern our Township.
We encourage residents to stay informed, attend public meetings, participate in the planning process, and bring forward constructive concerns.
Our responsibility is to serve the entire community, protect the public interest, and administer the laws fairly and consistently.
South Newton Township Board of Supervisors
