New Garden Town Center Settlement Agreement Approved

June 25th, 2007

The Board of Supervisors of New Garden Township approved the Settlement Agreement for the New Garden Town Center located on Route 41 and Sunnydell Road. The PREIT organization will now begin the next steps in preparing plans for the Land Development and Sub Division process. These processes will be held before both the Planning Commission and the Board of Supervisors. These processes are expected to start in 120 days. The Board of Supervisors would like to thank all who participated in this over-six-year process. While it has been a long and difficult one it has led to what the Board feels is the best compromise among the rights of the property owner, the neighboring property owners, and the long-term development of New Garden Township. Each participant's comments have been taken into consideration in crafting the Agreement and the inclusion of many of the comments in the resulting Agreement has produced a better Agreement that will serve New Garden well in the development of this property and the development of New Garden.

From The Board of Supervisors

The New Garden Center project proposed by Pennsylvania Real Estate Trust has been around for more than 6 years. It is not a new initiative; in fact, the level of scrutiny of this project surpasses that of any other land development application made to New Garden Township. The data and analysis could fill file cabinets and the number of public hearings to address the project's impacts and proposed mitigation far exceeds that of other projects.

The project is now the subject of litigation between New Garden Township and PREIT. The present Board of Supervisors (the fourth Board to consider the project) and Township staff have worked tirelessly with the Developer to prevent the outcome of the project from being determined by the Court system. We would much prefer to be part of the decision than to turn it over to a judge who probably knows very little about New Garden to decide.

The data and analysis for the project, the impacts, and proposed mitigation, were not presented at the Hearing on Tuesday, March 13th because it has already been demonstrated once before during the Conditional Use Hearings that such an undertaking requires dozens of hearings. The law does not require a Developer to endure such a process on multiple occasions. Neither is it in the interest of the Township to unduly delay land development applications, thereby wasting Township funds.

It is however, in the Township's interest to amicably settle the litigation with the Developer, provided that the outcome achieved is preferable to the likely outcome of a court-ordered development and one that we as a Board are comfortable that our and your key concerns and needs are addressed.

With that in mind, the Board has successfully negotiated the following significant items which the Township will receive if settlement is achieved and which will not be part of a court-ordered development.

  • Town Center- pedestrian-friendly, mixed-use village-style development will replace a single-family home development
  • Upgrade architecture, landscaping, and overall enhanced design
  • Solution to existing sewer capacity and compliance issues
  • Transportation improvements that are more extensive than court-mandated transportation mitigation measures

But please know, that we are still in a very active negotiation with PREIT to address many of the questions and concerns that were brought up at the previous 2 public meetings.

PREIT has property rights like all of us who reside in New Garden Township. Their use of the property is permissible and approved. Therefore the development will occur. The Board is encouraged that PREIT is willing to settle the litigation in a manner that is more beneficial to the Township than the likely outcome of the litigation process. Moreover, the Township has had a relationship with PREIT for more than 6 years now. Make no mistake; this has been a painful and arduous process for PREIT to endure and yet they have always conducted themselves in a cooperative and professional manner. The Board has every expectation that PREIT will prove to be a strong partner in the realization of such an important project for the Township.

We want to ensure you that this is an ongoing discussion and will keep you informed and involved in the process.

Sincerely yours,
New Garden Board of Supervisors
Chairman, Robert Perrotti
Vice-Chairman Bob Norris
Steve Allaband
Barclay Hoopes
James Neal