Dinkelacker said at least 50 percent of Fields at Indian Creek must be open space. He said the land around each house counts as part of that open space because residents of the development will own their homes but not their yards. The development will be owned and operated by a homeowners association.
He said recreation areas would be for residents and their guests, but not other borough residents. He said the developer will have to pay a recreation fee to the borough or donate land suitable for parks and recreation.
Dinkelacker said the borough does not want to create a problem called spot zoning, which he defined as allowing changes to the zoning ordinance that don’t fit into the community. He said that could create legal challenges based on density or traffic.
He advised council what the ordinance must include to be protected under the law.
“The likelihood of it being legally challenged – successfully challenged -- is slim to none,” said the solicitor. “You should prevail if there is a challenge.”