Berks County Bar Association The Berks Barrister Spring 2019 - 19

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Supreme Court, which granted the petition to determine, in part,
whether the Commonwealth Court erred in finding that the
proposed facility was similar to and compatible with a "public
service facility" or a "public utility" where it was a private business
use. The Supreme Court reviewed the record and cited defects
in the Township decision, which the Court noted contained
no findings of fact as to the compatibility of the proposed
use, as well as the township zoning ordinance. The Supreme
Court reviewed the record, and discussed defects in both the
Township decision, which it noted contained no findings of fact
as to the compatibility of the use, and in the zoning ordinance.
The opinion found that the zoning ordinance did not contain
appropriate performance standards for oil and gas facilities,
especially in residential areas. While the Court did not find
complete incompatibility of energy development in residential
and agricultural areas, the Township ordinance was found to lack
protections, and the record was found to lack support for the
"general compatibility" requirement.

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The Savings Clause, even with a proposed ordinance
amendment (or two), might not "save" the ordinance
Wimer Realty, LLC v. Township of Wilmington, No. 656 CD
2018, 2019 Pa.Commw. LEXIS 286 (Pa.Commw., March 27,
2019)

The use of non-traditional locations for weddings has been a
trend of the last 10 years, and the emergence of converted barns
as wedding venues has been a part of that trend. The growing
demand for walking down the aisle in non-traditional locations
has tied local authorities in knots as residents resist these
venues due to concerns about disruption, noise, increased traffic,
inadequate parking and overall safety hazards. Litigation over
these special-event facilities has been part of a larger discussion
of "agri-tainment" and "agri-tourism." These uses are argued to
be a means of keeping family farms viable and preventing sale to
developers (cue the adage that "ground that can grow crops can
grow houses"). However, uses such as wedding barns also present
challenges to rural communities and working farms.
In Wimer Realty, the property owners, Rick and Jody Wimer,
had been attempting to obtain township approval for a wedding
barn development. The Wimers bought the 120 acre farm
property in June 2017, and had plans to adapt 31.4 acres of the
farm into a facility for weddings and other events. The Wimers
planned to live in the home on the property. In September of
2017, two zoning hearings were held on the proposed events
venue. At the first hearing, an ordinance that would have
allowed wedding barns in a residential district was rejected. That
ordinance would have made wedding barns a conditional use in
a residential district with a limit of 12 functions a year and no
more than 200 attendees at each function. The second hearing
was on a site-specific amendment that would have allowed the
Wimer's project in an agricultural district. That too was rejected,
Continued on next page

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Berks County Bar Association The Berks Barrister Spring 2019

Table of Contents for the Digital Edition of Berks County Bar Association The Berks Barrister Spring 2019

Berks County Bar Association The Berks Barrister Spring 2019 - 1
Berks County Bar Association The Berks Barrister Spring 2019 - 2
Berks County Bar Association The Berks Barrister Spring 2019 - 3
Berks County Bar Association The Berks Barrister Spring 2019 - 4
Berks County Bar Association The Berks Barrister Spring 2019 - 5
Berks County Bar Association The Berks Barrister Spring 2019 - 6
Berks County Bar Association The Berks Barrister Spring 2019 - 7
Berks County Bar Association The Berks Barrister Spring 2019 - 8
Berks County Bar Association The Berks Barrister Spring 2019 - 9
Berks County Bar Association The Berks Barrister Spring 2019 - 10
Berks County Bar Association The Berks Barrister Spring 2019 - 11
Berks County Bar Association The Berks Barrister Spring 2019 - 12
Berks County Bar Association The Berks Barrister Spring 2019 - 13
Berks County Bar Association The Berks Barrister Spring 2019 - 14
Berks County Bar Association The Berks Barrister Spring 2019 - 15
Berks County Bar Association The Berks Barrister Spring 2019 - 16
Berks County Bar Association The Berks Barrister Spring 2019 - 17
Berks County Bar Association The Berks Barrister Spring 2019 - 18
Berks County Bar Association The Berks Barrister Spring 2019 - 19
Berks County Bar Association The Berks Barrister Spring 2019 - 20
Berks County Bar Association The Berks Barrister Spring 2019 - 21
Berks County Bar Association The Berks Barrister Spring 2019 - 22
Berks County Bar Association The Berks Barrister Spring 2019 - 23
Berks County Bar Association The Berks Barrister Spring 2019 - 24
Berks County Bar Association The Berks Barrister Spring 2019 - 25
Berks County Bar Association The Berks Barrister Spring 2019 - 26
Berks County Bar Association The Berks Barrister Spring 2019 - 27
Berks County Bar Association The Berks Barrister Spring 2019 - 28
Berks County Bar Association The Berks Barrister Spring 2019 - 29
Berks County Bar Association The Berks Barrister Spring 2019 - 30
Berks County Bar Association The Berks Barrister Spring 2019 - 31
Berks County Bar Association The Berks Barrister Spring 2019 - 32
Berks County Bar Association The Berks Barrister Spring 2019 - 33
Berks County Bar Association The Berks Barrister Spring 2019 - 34
Berks County Bar Association The Berks Barrister Spring 2019 - 35
Berks County Bar Association The Berks Barrister Spring 2019 - 36
Berks County Bar Association The Berks Barrister Spring 2019 - 37
Berks County Bar Association The Berks Barrister Spring 2019 - 38
Berks County Bar Association The Berks Barrister Spring 2019 - 39
Berks County Bar Association The Berks Barrister Spring 2019 - 40
Berks County Bar Association The Berks Barrister Spring 2019 - 41
Berks County Bar Association The Berks Barrister Spring 2019 - 42
Berks County Bar Association The Berks Barrister Spring 2019 - 43
Berks County Bar Association The Berks Barrister Spring 2019 - 44
Berks County Bar Association The Berks Barrister Spring 2019 - 45
Berks County Bar Association The Berks Barrister Spring 2019 - 46
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Berks County Bar Association The Berks Barrister Spring 2019 - 48
https://www.nxtbook.com/hoffmann/BerksBarrister/BerksBarrister_Springr2020
https://www.nxtbook.com/hoffmann/BerksBarrister/BerksBarrister_Fall-Winter2019
https://www.nxtbook.com/hoffmann/BerksBarrister/Berksbarrister_Summer2019
https://www.nxtbook.com/hoffmann/BerksBarrister/BerksBarrister_Springr2019
https://www.nxtbook.com/hoffmann/BerksBarrister/Berksbarrister_Winter2019
https://www.nxtbook.com/hoffmann/BerksBarrister/Berksbarrister_Summer2018
https://www.nxtbook.com/hoffmann/BerksBarrister/berksbarrister_winter2017
https://www.nxtbookmedia.com