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Developer objects to SALDO method that reduces unit count when land is dedicated to open space
Summary
Developer counsel said Kennett Square's SALDO subtracts dedicated open space from tract area when calculating density, effectively penalizing developers who provide more public open space. The developer will submit a written legal argument asking for the issue resolved before design changes are required.
Developer counsel Deborah Shulsky told the Planning Commission the Borough's Subdivision and Land Development Ordinance (SALDO) requires that dedicated open space be subtracted from the total tract area for density calculations, which she said "penalizes the developer for dedicating land" and could reduce the allowable unit count. She asked the Borough to resolve the interpretation before a redesign becomes infeasible.
Commissioners said they recognize the potential for unintended consequences and asked the developer to provide a written legal argument explaining the desired interpretation. No change to the ordinance was adopted at the meeting; the matter will return to the commission after receipt of the developer's written analysis.
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